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1996 DIGILAW 2525 (SC)

M. C. Mehta v. Union of India

1996-12-17

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : Item 'B' of the Office Report dated 14.12.1996 IA. No. 34. 1. This Court by the order dated December 6, 1996 directed the MCD, DDA and the NDMC not to permit the use of the public parks under their control for commercial or private use. This Court further directed that such use be stopped in a phased manner. It was brought to the notice of this Court that Musical Dancing Fountain Park, managed by the NDMC was also being used by the NCT, Delhi Administration as a Camp Office of the Chief Minister. The Office of the Chief Minister, Delhi, by the order dated October 3, 1996 permitted the use of a part of the Musical Dancing Fountain Park as a camp office for listening to the grievances of the people of South Delhi by the Chief Minister, Delhi. The order further stated that the expenditure of the camp office be charged against the funds of the Musical Fountain. 2. The NDMC by the order dated June 17,1996 permitted the construction of the office in the said park. 3. On our request three learned counsel of this Court - Mr. Ranjit Kumar, Mr. Krishan Mahajan and Mr. Vijay Panjwani - visited the park and have placed before us their report. We are in agreement with the suggestions made by the learned counsel in their report. As stated above, we have, by the order dated December 6, 1996 prohibited the use of the public parks for any other purpose except aesthetic and recreational. In view of the said order, the musical fountain park cannot be used for office purpose. 4. Learned counsel for NDMC states that the NDMC intends to use the construction which has been made in the park for the use of the park only. We direct that the Musical Dancing Fountain Park - in totality - be used only for recreational purposes. It shall not be used for any other purpose. We are informed by the learned counsel that the Chief Minister has not held any Darbar in this camp till date.. We direct the NDMC to take over the camp office premises and use it for the purposes of the park only. The gate specially constructed as an entry to the camp office be demolished and wall be constructed to enclose the area. 5. I.A. 34 is disposed of.