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“People have every right to ask, where are the parks and playgrounds in Delhi where children from every walks of life could indulge in various recreational and sporting activities…and not only spend some quality time in various sporting activities but also bring about peace and harmony, thereby realizing the cherished constitutional ideals in fostering the spirit of fraternity”, the court remarked.
The Delhi High Court, recently, reprimanded the Delhi Development Authority (DDA) over its failure to take “any time-bound beneficial measures for the beautification of the park, and no tangibles have been taken to allow the site to be used for recreational purposes as well as for making the environment clean”.
The bench of Justice Dharmesh Sharma held, “It is manifest that the respondent/DDA does not know what to do with this site in question. Is it not high time that the respondent/DDA must ponder over what they have done to this city in terms of providing recreational activities open to all? How they intend to make Delhi a ‘smart city’?”.
The case stemmed out of an application filed by Sahil Viklang Sahaytartha Samiti (society) seeking a writ, direction, or order to set aside the decision of the DDA, wherein it declined the society's request to book the DDA ground at Block-B, Janakpuri, New Delhi for the celebration of Janamashtami Mohotasav from July 22, 2024, to September 3, 2024.
During the last hearing, Standing counsel Manika Tripathy, representing DDA, submitted that the DDA could not accede to the society’s request as it might conflict with the Court's directions dated October 3, 2023 to plant trees through the Deputy Conservator of Forest in the District Park, ensuring more green areas around the site.
However, Advocate Rajat Aneja, representing the society, argued that the order was challenged wherein it was held that an area of 40,000 sq. mts. in the District Park was designated for ‘multipurpose ground activities’.
The court, while referring to the judgment ‘WE ARE CHOKING’ wherein DDA was directed to plant trees, noted that for legitimate legal reasons, the request to hold a religious function at the site was permitted, considering the religious sensitivities of the involved parties. The court observed that a simple review of the directions revealed that the site could be used for social functions.
Standing Counsel Manika Tripathy informed the court that new saplings had been planted recently, but it was not feasible to provide photographic evidence within such a short period. The respondent/DDA official stated that there were no current proposals for the park's beautification and no funds allocated for environmental work at the site. Despite numerous directives from this Court, the respondent/DDA had failed to take timely measures for the park's beautification or to enable its use for recreational purposes and environmental cleanliness.
“Forget beautification, which perhaps would be a utopian idea, this Court finds that there is no proper concrete or synthetic walking/jogging track in the District Park”, the court highlighted.
The court noted that photographs depicted an open, uneven ground without grass or plantation. It was evident that the DDA was uncertain about the site's purpose, the bench opined. The court further alerted DDA, “for the inevitable demand that will arise for the use of the site in question for other religious and social functions in the near future”.
The court questioned the DDA's commitment to providing recreational facilities and contributing to making Delhi a ‘smart city’. The Court highlighted the public's right to recreational spaces and the importance of such facilities for fostering fraternity among people from diverse backgrounds.
Accordingly, the court allowed the application for booking the park for Janamashtami Mohotasav.
Case Title: Sahil Viklang Sahaytartha Samiti v Delhi Development Authority (2024:DHC:5316)
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