High Court Refuses Permission For Ramlila At Delhi Park, Says Maintaining Greenery Will Help Preserve Environment

The Delhi High Court has refused to permit an organization to organise its annual Ramlila function at Chintoo Park in city's Naraina, observing that keeping the park open to the sky and maintaining greenery would help preserve the environment.

A Division Bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Arun Bhardwaj dismissed an appeal filed by Shri Sanatan Dharam Ramleela Samiti challenging a Single Judge's order directing that the land be maintained as a green area.

The Samiti had sought modification of the August 19 order, contending that it had been using the premises for organising Ramlila uninterruptedly for the past 53 years.

It argued that the longstanding use of the land gave rise to a legitimate expectation that it would be permitted to continue holding the annual function there.

The Samiti also submitted that it was willing to furnish an undertaking to restore the land to its original condition, including the green plantations, and ensure that no damage was caused to the park.

Opposing the plea, the Delhi Development Authority (DDA) submitted that the land had been developed into a green patch pursuant to court directions and that substantial public money had been spent on its improvement. It argued that permitting the function would ruin the area again.

The DDA further contended that the Samiti had no absolute right to claim the land for continuous or perpetual use for a particular purpose.

Considering the submissions, the Court noted that the Single Judge had directed the authorities to treat the land as a green patch and maintain it properly.

The Bench also took note of the status report and photographs placed on record which demonstrated that steps were being taken to develop and maintain the green area.

“The photographs demonstrate that sufficient steps are being taken by the respondent in the matter of converting the land into a green area and its maintenance. A substantial amount of public money has already been spent on the same,” the Court observed.

The Bench also distinguished an earlier judgment in Sahil Viklang Sahaytartha Samiti v. Delhi Development Authority relied upon by the appellant Samiti.

It noted that the land involved in that case measured 2,50,000 square metres, a portion of which had been permitted to be used for functions of a similar nature whereas, Chintoo Park measures only 9,000 square metres.

“In our opinion, keeping Chintoo Park open to the sky and maintaining greenery will rather help in preserving the environment in tune with the Green Revolution,” the Bench observed.

Finding no reason to interfere with the Single Judge's order in its appellate jurisdiction, the Court dismissed the appeal.