ORDER IA No. 34 in WP (C) No. 4677 of 1985 1. Mr M.C. Mehta has raised two points in this application. It is stated that on the site where the Musical Dancing Fountain Park is situated, a Camp Office complex for the use of the Chief Minister, Delhi has been constructed. It is stated that the construction and the use of the Camp Office is in such a way that the recreation capacity of the Fountain Park is obstructed/curtailed. 2. We request Mr Ranjit Kumar, Mr Krishan Mahajan and Mr Vijay Panjwani, learned counsel, to visit the place and give their comments regarding the status of the area. 3. To come up on 13-12-1996. 4. The second point raised by Mr Mehta is that a large number of parks in the city are being used for construction of marriage pandals and for hosting other functions, etc. According to Mr Mehta, the frequent use of parks for such purposes, is bound to degrade the environment and the utility of the parks as a recreation for the public. 5. Mr Shyam Sunder Aggarwal, Deputy Director (Horticulture), MCD has filed affidavit. It is stated in the affidavit that only 1023 parks/tot lots out of 12,000 parks/tot lots in Delhi are permitted for such functions. It is further stated that there are 141 community halls for these purposes. But since the demand is very large, the community halls are not sufficient to host all the functions throughout the year. 6. We agree with Mr Mehta that the recreational and other aesthetic uses of the parks cannot be curtailed. Mr Mehta is also correct that the permitted use of the parks being recreation under the master plan, it cannot be permitted for any other use. But 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. 7. We are of the view that MCD, NDMC and DDA shall in a phased manner stop the granting of permission for the use of the parks for commercial/marriage purposes, etc. The material placed on record shows that MCD is permitted such use in 1023 parks, DDA in 146 parks and NDMC in 51 parks. 8.
7. We are of the view that MCD, NDMC and DDA shall in a phased manner stop the granting of permission for the use of the parks for commercial/marriage purposes, etc. The material placed on record shows that MCD is permitted such use in 1023 parks, DDA in 146 parks and NDMC in 51 parks. 8. After hearing learned counsel for the parties, we direct as under: (1) The use of parks by MCD, NDMC and DDA for the purposes mentioned above shall not be permitted more than 10 days in a month. In other words, when any of the designated parks is used for such purposes 10 days in a month, no function thereafter shall be permitted during the remaining 20/21 days. (2) MCD, DDA and NDMC shall make endeavour to construct community halls for the purposes of marriages, etc. (3) The number of parks indicated by the 3 authorities used for marriage, etc. shall be reduced by 30% by 30-6-1997. It shall be reduced by further 20% by 31-12-1997. In other words, by the end of December 1997, the use of the parks for marriage, etc. shall be reduced by 50%. The authorities concerned shall file affidavits stating the progress in the projects for the construction of community halls and also stopping the use of the parks for marriages, etc. by the end of December 1997. This may be monitored further by this Court in January 1998. (4) We direct that no tree shall be cut from any of the parks for any purpose, specially to facilitate the holding of these functions, etc. 9. The application is disposed of. IA No. 35 in WP (C) No. 4677 of 1985 10. So far as the subject-matter of IA No. 35 of 1996 is concerned, we request Mr Ranjit Kumar, Mr Krishan Mahajan and Mr Vijay Panjwani, to look into the matter, and place their comments within one week from today. 11. To come up on 13-12-1996.