'Delhi In Dire Need Of Clean Air': High Court Declines Contempt Action Against MCD For Locking Park, Notes Residents 'Uprooted Plantations'
The Delhi High Court has refused to initiate contempt proceedings against the Municipal Corporation of Delhi (MCD) and the police over allegations that public access to a park in city's Janakpuri area was being restricted. [2026 LiveLaw (Del) 685]Observing that the city is in “dire need of increased green cover and cleaner air”, Justice Jasmeet Singh dismissed a contempt petition filed...
The Delhi High Court has refused to initiate contempt proceedings against the Municipal Corporation of Delhi (MCD) and the police over allegations that public access to a park in city's Janakpuri area was being restricted. [2026 LiveLaw (Del) 685]
Observing that the city is in “dire need of increased green cover and cleaner air”, Justice Jasmeet Singh dismissed a contempt petition filed by Mithlesh Solanki alleging violation of the Court's earlier orders concerning the maintenance and use of a park in Village Asalatpur, Janakpuri.
Petitioner had sought action against the MCD and other authorities for allegedly disobeying the Court's orders dated April 16 and May 17, 2024, and for restricting public access to the park by locking its gates and imposing arbitrary timings.
Counsel for the petitioner contended that saplings had been planted in the park leaving no adequate area for children to play.
However, MCD produced photographs which, according to the bench, prima facie showed that sufficient space had been earmarked both for plantations and for use by children and members of the public. The Court also noted that there were no restrictions on residents using the park for activities such as walking, exercising, running and jogging.
The Court further took note of submissions that saplings planted by the Deputy Conservator of Forests (DCF) and the MCD had allegedly been uprooted by the petitioner and certain other residents of Village Asalatpur.
Owing to concerns over repeated damage, the Station House Officer (SHO) had been keeping the park locked during certain hours of the afternoon and evening.
Accordingly, the bench directed the SHO to ensure that the park remains open to the public for the maximum possible duration, subject to adequate supervision and appropriate measures to safeguard the plantations and prevent further acts of vandalism.
Emphasising the importance of preserving green spaces, Justice Singh observed,
“At a time when the city is in dire need of increased green cover and cleaner air, this Court cannot countenance any activity within the park that is inconsistent with its intended purpose as a public green space.”
As such, the Court declined to initiate contempt proceedings and dismissed the petition.
On April 16, 2024, while hearing an application concerning the alleged felling of trees and saplings at Heaven Road Park in Janakpuri, the High Court had directed the MCD to ensure that adequate number of trees and saplings were planted in the park, which was meant for use and enjoyment by the public at large.
Subsequently, on May 17, 2024, the Court directed the MCD to leave adequate space for children to play while planting trees in the park.
Appearance: Mr. Dahiya, Mr. Naveen Kumar & Ms. Astha, Advs. for Petitioner; Mr. Siddhant Nath, Standing Counsel MCD, Mr. Bhavishya Makhija, Mr. Amaan Khan along with Mr. Yatinder Singh, Advs. for MCD Mr. Anubhav Tyagi SPC with Mr. Sumit Ranjan, GP for Respondent No. 3 with SHO PS: Janakpuri.
Case title: Mithlesh Solanki v. MCD & Ors.
Citation: 2026 LiveLaw (Del) 685
Case no.: CONT.CAS(C) 1150/2026