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The Delhi High Court has observed that longstanding practice of organising Chhath Puja at a particular location cannot, by itself, justify permitting the use of a public green area for the religious festivities.

Justice Jasmeet Singh made the observation while dismissing a plea seeking permission to organise Chhath Puja at Chintoo Park in Naraina Village on November 15 and 16.

“The fact that the applicant has been organising the Chhath Puja at the said location for several years, or that the present request is confined to a limited area and period, cannot, by itself, constitute a ground for permitting the use of a green area,” the Court observed.
“The park is being maintained as a green area at the present for the benefit of the public at large,” it added.

The applicant, Lalit Anand, had approached the Court seeking permission to organise Sandhya Arghya on the evening of November 15 and Usha Arghya in the early morning of November 16, over an area of approximately 1,000 square metres at Chintoo Park.

He submitted that Chhath Puja had been organised at the location for the past 23 years. He also undertook to restore the park to its original condition after the conclusion of the festivities.

Opposing the plea, the Delhi Development Authority (DDA) submitted that the park was being maintained as a green area and that trees and flowers had been planted there. It argued that permitting the event could adversely affect the park and its maintenance.

The applicant also drew the Court's attention to a document titled 'Chhath Puja 2026: Single Window Management, Central District', which listed Chintoo Park as one of the venues for the religious observance.

However, the Court held that the document could not be construed as superseding the directions it had already issued on August 19.

The Court observed that an administrative decision of the Executive or any other body cannot nullify or dilute a judicial order.

“It is a settled position that an administrative decision of the Executive or any other body cannot nullify or dilute a judicial order,” the Court said.

The Court further took note of newspaper reports stating that the Delhi Government had already earmarked an area at Munak Canal for Chhath Puja and made arrangements for the celebrations.

In view of the availability of alternative arrangements for conducting Chhath Puja, the Court held that there was no justification for permitting the use of Chintoo Park, particularly when it was being maintained as a green area.

Accordingly, the plea was dismissed.

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