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Supreme Court Stays the Prohibition Order by NGT On Socio-Cultural and Commercial Use of Delhi Parks
Mehal Jain
2 Aug 2021 12:00 PM GMT
The Supreme Court on Monday stayed the NGT order prohibiting the use of parks in Delhi for social, cultural, commercial and other functions.The bench of Justices Indira Banerjee and V. Ramasubramanian was hearing the appeals by the North and South Delhi Municipal Corporations against the February 4 order issued by the principal bench of the NGT. The principal bench had held that the order of...
The Supreme Court on Monday stayed the NGT order prohibiting the use of parks in Delhi for social, cultural, commercial and other functions.
The bench of Justices Indira Banerjee and V. Ramasubramanian was hearing the appeals by the North and South Delhi Municipal Corporations against the February 4 order issued by the principal bench of the NGT. The principal bench had held that the order of the Delhi High Court prohibiting use of parks for social, cultural, commercial, marriage or other functions is to be strictly enforced. In 2018, the High Court had noted that,
"...recreational and aesthetic uses of district parks ought not to be curtailed, by permitting them to be used for social, cultural, commercial or other functions etc., for the reason that the same has the effect of degrading the environment and undermining the utility of such parks as a source of recreation for the general public".
The court had said citizens cannot be robbed of their right to use parks while staying a decision of Delhi Development Authority (DDA) which had allowed the local Ramilila committee to hold functions in the district park at Janakpuri.
On Monday, SG Tushar Mehta, for the NDMC, drew the attention of the bench to the decision of the Supreme Court in M. C. Mehta's case [(2009) 17 SCC 683], where it observed that while recreational and other aesthetic uses of the parks cannot be curtailed, at the same time, keeping in view the need of the society, it is necessary to bring the parks back to their normal use in a sustained manner. The court had directed that the use of parks by MCD, NDMC and DDA for the purposes mentioned above shall not be permitted for more than 10 days in a month.
"We permit use of parks for Ram Leela, Ravan Dahan. Dussehra functions always happen in parks. Without any notice to me, the order was passed by the NGT. Only the Delhi government was a party before the NGT. It is an ex-parte order for me.", SG Tushar Mehta advanced.
The SG also added that they permitted some social functions in the park.
"There are certain sections of the society who cannot afford halls and party plots.Of course, the 10 days per month limit is sacrosanct; but it is the order of the Supreme Court which would hold the field."
Admitting the appeals, the bench issued notice on the same. Staying the impugned order of the NGT in so far as it prohibits the use of parks for social, cultural, commercial and other functions, the bench made it clear that the aforesaid directions of the top court in M. C. Mehta's case with regard to the use of parks shall be followed, and in no circumstances shall the use of parks for these purposes be more than 10 days in a month.
In the impugned order, NGT asked the Delhi Pollution Control Committee to take further action in accordance with law in the light of grievances of the applicant, by maintaining vigil and preventing violation of environmental norms, and by following the due process of law.
The Tribunal had directed that,
"In view of the order of the Delhi High Court prohibiting use of parks for social, cultural, commercial, marriage or other functions and the directions of DPCC dated 13.12.2019 under the Water, Air and EP Acts that no park can be used for social, cultural, commercial, marriage or other functions and the Executive Engineer (Horticulture) of DDA and the MCD will be accountable for the violations, further direction of installing Effluent Treatment Plants is contradictory as such question does not arise if no such social, cultural, commercial or marriage function is to be held in the parks. This needs to be strictly enforced by the Horticulture Department of DDA and MCD."
The issue for consideration before the Tribunal was remedial action against illegal and unregulated use of parks for commercial purposes in Delhi. The matter was taken up in the light of allegations of illegal use of the Dussehra Ground Park in Ward No. 20, Vikas Puri, Delhi for commercial purposes.
"Commercial activities in the Dussehra ground are not permissible and are resulting in damage to the environment. Lot of noise is created affecting the peace and tranquility in the area. Horticulture Department of the Municipal Corporation needs to be made accountable for illegal permitting the tent owners for digging and dumping of waste, plastic, etc', this was the case of the Applicant before the Tribunal.
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