Fresh Air Lifeline For Survival But Socio-Cultural Activities Equally Essential: Delhi High Court Permits Dussehra Mela On Janakpuri Ground

The Delhi High Court on Thursday permitted hosting of Dussehra Mela in the District Park, Janakpuri while directing the organizers to ensure that no damage or harm be done to the ground’s green cover or trees already in existence. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna permitted Shri Ram Leela Committee, Janakpuri to host the Dussehra or Ramleela celebrations on the ground for the current year from today till October 30. “It is further directed that the Dussehra Mela shall be held in accordance with all the norms applicable as well as by taking all the precautions including safety, traffic, fire arrangement, etc. The appellants shall ensure that no damage or harm is caused to the green cover/ trees already existing in the ground,” the court said. In the order running into 16 pages, the bench began with the expression “WE ARE CHOKING!!” and noted that the residents of Delhi are gasping for breath. The court said that the issue requires concerted effort of every individual to make an endeavour to save the city and each be the active brigade of “Saviours Of Nature”.“While it needs no reiteration that fresh air, oxygen and healthy environment is the lifeline for survival of individuals, however, being the social beings, the socio-cultural activities are equally essential part for human co-existence,” the court said. This was after concerns were raised in the matter that while holding socio-cultural religious programmes in the District Parks, it leads to environment pollution, traffic congestion and also causes serious damage to the trees and the green belt. While taking note of the environmental concerns, the court that the significance and importance of the socio-cultural activities cannot be ignored or over looked. “What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment,” the court said. It was the Committee’s case that it was celebrating Dussehra since last more than 30 years in the District Park, Janakpuri with due permission from DDA and that they have been complying with all the terms and conditions regarding cleanliness and environment.The bench noted that admittedly, RamLeela has been permitted to be held, without creating any equities or precedent, vide interim orders passed by a coordinate bench in 2018 and 2019, as well as by a Single Judge last year. It also noted that the orders were passed because of the peculiar circumstances as the Committee has been conducting Ramleela on the same ground for the last about 30 years.“This Order does not in any way vary the directions given by the learned Single Judge in the impugned Order dated 18.08.2023 to the DDA/ Dy. Conservative Forests to plant trees in the part and to take steps for its beautification for the welfare of the residents of the colony,” the court said.Senior Advocate K.K. Manan, with Advocates Sanjay Rathi, Uditi Bali, Ajit Singh, Kanishka Karmanya appeared for the appellants.CGSC Pratima N.Lakra appeared for Union of India. Advocates Mukesh Gupta, Raghav Gupta and Ishant Sehrawat appeared for MCD. Standing Counsel Manika Tripathy appeared for DDA.Case Title: HARSHITA G. GANDHI v. NIMIT GANDHICitation: 2023 LiveLaw (Del) 926Click Here To Read Order

Fresh Air Lifeline For Survival But Socio-Cultural Activities Equally Essential: Delhi High Court Permits Dussehra Mela On Janakpuri Ground

Nupur Thapliyal

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