Delhi High Court approves Mohalla Clinic in Kalkaji Park

The Delhi High Court on Tuesday approved the establishment of Mohalla Clinic at a public park in the Kalkaji area noting that the project would be beneficial for the residents of the locality and must be implemented as per the proposed plan in the public interest.

Justice Yashwant Varma also directed the authorities to take immediate and simultaneous action to ensure that the green area adjacent to the clinic is developed.

While allowing the GNCTD to build the Mohalla Clinic, the Court also noted their obligation to ensure that the remainder of the plot in question is developed and maintained as a park/green area and that the initial directions contained in the High Court's order are followed.

The petition claimed that the park, which was established in response to High Court directions in an earlier writ petition, was being used for unauthorized purposes.

On February 17, 2022, Court granted the respondents permission to build the Mohalla Clinic without encroaching on any park or green space.

When the case was heard again on March 16, 2022, the Court took into account the GNCTD's statement that they were not encroaching on or utilizing any designated park or green area to build the Mohalla Clinic.

Court noted that on 14 October 2011, the writ petition was filed at that time when a private party had encroached upon a piece of government land and began using it for parking purposes.

Taking note of the aforementioned complaint, Court issued instructions for the removal of all encroachments and the development of the entire area in question as a park.

Court further noted, "...by the time the present writ petition was preferred, and as can be seen from the photographs attached to the status report filed on behalf of the fourth respondent, no trace of green space or park remained. As evidenced by the photographs, the entire area has fallen into disuse and appears to have been converted into a garbage dumping zone."

The court opined that the establishment of a Mohalla Clinic and the creation of an accompanying green area, as per the maps submitted with the status report, would not only result in the resurrection of the plot itself but would also add a useful public facility that would be of enormous use to the residents of the entire locality.

"The respondents' proposed implementation of the entire project would not only provide a useful amenity for the members of the community, but it would also serve the original directions that were issued. Looking at the maps on the record, it is clear that the clinic would only take up a portion of the entire plot. In addition, the respondents propose establishing a green space on an adjacent plot", the Court observed.

Furthermore, Court opined that the establishment of the clinic does not appear to be inimical to that goal, especially since only a portion of the entire plot is proposed to be used for that purpose and the steps that the respondents had suggested would be in the public interest and would not violate any direction issued by the Court.

Court further emphasized that the directions issued by the Court in the earlier writ petition were not followed, as although a park/green area was established, it fell into disuse and was never maintained and that blunder must never be repeated.

"The respondents are responsible for ensuring that the park/green area is developed by the submitted plan and serves as a useful adjunct to the clinic itself", the Court added.

Court, thus, ordered the authorities to file a new status report within two months, along with photographic evidence of the regeneration of the plot and area surrounding the Mohalla Clinic.

The matter has been listed for October 27, 2022 for further hearing.

Case Title: Kailash Gupta v. Govt of NCT of Delhi & Ors.