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Synopsis

"We are choking", said the Delhi High Court, while reflecting upon the "cry of the citizens" who have seen the Air Quality Index skyrocket to toxic levels in the capital city making it difficult to survive for the people and face maladies like Asthma, allergies etc.

"The residents of Delhi are gasping for breath which makes it a duty not only of the Government Agencies, but also requires concerted effort of every individual to make an endeavour to save the city and each be the active brigade of “Saviours Of Nature”. The concerns towards the environment have been resonated in the policy making by every concerned instrumentality and has been echoed by the courts at every level by taking every possible step including tree plantation," a bench of Justices Neena Bansal Krishna and Suresh Kumar Kait said.

The court made the observation while dealing with a plea by the Shri Ram Leela Committee, Janakpuri, which has been celebrating Dussehra since last more than 30 years in the District Park, Janakpuri.

The bench allowed the committee to hold Ram Leela celebrations on the ground for this current year i.e. 2023 from October 5 to 30, 2023, in accordance with all the norms applicable as well as by taking all the precautions including safety, traffic, and fire arrangement, etc. 

The court noted that this plot of land was lying barren and had no grass and a few trees around the periphery, apparently since it had been intended to be used as a Multipurpose Ground and had always been so used.

It also recorded that as per the Master Plan of Delhi 2021 itself 40,000 Sq Mtrs area out of 2,90,000 Sq Mtrs, which should be the area of District Park, can be used for Multipurpose Ground. 

"Admittedly, Shri Ram Leela has been permitted to be held, without creating any equities or precedent, by way of Interim Orders by Division Bench in 2018 as well as 2019 and by the learned Single Judge in the year 2022, because of the peculiar circumstances, as the appellant has been conducting Ramleela on the same ground for the last about 30 years," the bench said.

The court, however, did not go into the merits of the controversy as a matter was pending before a single judge bench.

"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 bench said.

It also noted the concerns that holding socio-cultural religious programmes in the District Parks leads to environmental pollution, and traffic congestion and also causes serious damage to the trees and the green belt cultivated strenuously over a period of years. 

"But the significance and importance of these 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 bench said.

Case Title: Shri Ramleela Committee, Janakpuri & Anr. v. Rishu Kant Sharma & Ors.