Delhi High Court: The petition was filed by the petitioner-society challenging the decision of Delhi Development Authority (‘DDA’), whereby DDA declined the society’s request to celebrate the Janamashtami Mohotsav from 22-07-2024 to 03-09-2024 on DDA ground at Block-B, Janakpuri, New Delhi. Dharmesh Sharma*, J., while allowing the request of the society to hold a religious function at the site, held that no digging work for installation of tents or temporary structure of any kind should be carried out in the inner peripheral area, where the trees were standing and sapling had been planted.
In an instant case, the petitioner was a society, trying to book the DDA ground Block-B, Janakpur, New Delhi for celebration of the Janamashtami Mohotsav from 22-07-2024 to 03-09-2024 and the same was declined by the DDA.
The counsel for the respondent submitted that giving consent to the following request of booking would directly or indirectly contravene with the directions passed by this Court vide order dated 03-10-2023, wherein, the Court directed DDA to plant trees and saplings through Deputy Conservator of Forest in the District Park, to ensure more green areas around the site.
The counsel for the petitioner, submitted that an area of 40,000 sq. mts. in the District Park was meant for ‘multipurpose ground activities’ in terms of the Master Plan Delhi, 2021 (‘MPD 2021’), further sanctified by the Zonal Plan Development. It was further submitted that only an area of 10,000 sq. mts. was required for holding the Janamashtami Mohotasav, which was clearly permissible as per the relevant rules and regulations.
The Court after perusal of facts and contentions, with the view of allowing the society to organize the religious Janamashtami Mohotasav, quashed the impugned order dated 08-05-2024 passed by DDA, subject to the fulfilment of the prescribed codal formalities. It was made clear that no digging work for installation of tents or temporary structure of any kind should be carried out in the inner peripheral area, where the trees were standing, and saplings had been planted. An appropriate undertaking with financial security must be taken from the society.
The Court stated that, although the site in question in the present matter appears to be used for various religious purposes and wedding sites, it was made clear that this order should not be construed as a precedent for allowing religious function of such kind or magnitude in the future.
The Court further stated that this order did not in any way mean or implied variations of the directions passed by this Court vide order dated 18-08-2023 and 03-10-2023, in Rishu Kant Sharma v. Union of India, W.P.(C) 7266 of 2017, whereby, DDA/Deputy Conservator of Forests were directed to plant trees, take steps for beautification, and implement other measures not only for the welfare of the residents of the colony but also for impacting the overall environment, howsoever insignificant it might be. The Court stated that it could only hope that the DDA will sooner or later come out with some meaningful policy decision to dedicate the District Park to the children, allowing them to indulge in various recreational activities including sports for their all-round mental, physical, and psychological development, for the betterment of the society and the nation.
[Sahil Viklang Sahaytartha Samiti v. DDA, 2024 SCC OnLine Del 4907, decided on 18-07-2024]
Advocates who appeared in this case :
For Petitioner: Rajat Aneja, Mansimran Singh, Vishakha Ahuja, Amarjot Kaur and Neeraj Singh, Advocates.
For Respondent: Manika Tripathy, Standing Counsel; Tushar Sannu and Shobhan Sachdeva, Advocates; Shivam Kumar Aggarwal/Executive Engineer and Kehar Singh Meena, Assistant Engineer.
