Temporary Use For Ramlila Can't Override Need To Maintain Park For Residents' Welfare: Delhi High Court

The Delhi High Court has held that the requirement of maintaining a park as a green and recreational space for the welfare of local residents must take precedence over its temporary use for conducting Ramlila.

Justice Jasmeet Singh made the observation while dismissing a plea filed by Shri Sanatan Dharam Ramleela Samiti challenging the Delhi Development Authority's (DDA) decision to cancel its booking of Chintoo Park in city's Naraina Vihar for conducting Ramlila from September 30 to October 25.

The petitioner had been organising the annual Ramlila at the site for several decades and claimed to have requisite permissions and NOCs from the authorities.

The booking, however, was cancelled by the DDA on September 09 with the remark, “Cancelled due to Hon'ble High Court Directions”.

It was alleged that the decision was taken without any notice, hearing or reasons given to the petitioner.

The petitioner contended that the directions issued by the High Court in an earlier writ petition concerned removal of encroachments, prevention of parking and maintenance of the park as a green area, and did not prohibit Ramlila or religious functions at the site.

The DDA, on the other hand, submitted that pursuant to the January 05 order in the earlier proceedings, Chintoo Park was being maintained as a park for the welfare of residents of Naraina Vihar Colony.

The Court was also shown photographs and a status report regarding the condition and use of the park.

Accepting the submission, the Court observed:

“The requirement of maintaining Chintoo Park as a green and recreational space for the welfare of the residents of Naraina Vihar must take precedence over its temporary use for conducting the Ramlila.”

The Court noted that the earlier orders were passed in the context of encroachments and other unauthorised uses of the park and had directed its restoration and maintenance for the benefit of local residents.

It further noted that an August 19 order had directed that, until the land was put to its allotted use as a community centre or old age home, it should be maintained as a green area.

“I am of the view that, in the facts and circumstances of the present case, the requirement of maintaining Chintoo Park as a green and recreational space for the welfare of the residents of Naraina Vihar must take precedence over its temporary use for conducting the Ramlila,” the Court said.

Further, it rejected the contention that the proposed event would only involve temporary use of the existing stage area.

It observed that conducting Ramlila would necessarily involve temporary occupation of the park by a large number of people, besides installation and use of structures and facilities associated with the event.

“In such as situation, this Court is therefore required to balance the petitioner's request to conduct the Ramlila against the larger requirement of maintaining the park for the welfare and use of the residents of Naraina Vihar. In the facts of the present case, the latter requirement outweighs the petitioner's claim for temporary use of the park. Consequently, no direction can be issued permitting the petitioner to conduct the Ramlila at the subject park during the period in question,” the Court said.

The Court also recorded that, as informed by the DDA's counsel, there were several other grounds available for conducting Ramlila. Finding no reason to entertain the petition, the Court dismissed it.