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2003 DIGILAW 868 (DEL)

SHALIMAR BAGH RAMLILA COMMITTE v. RETD. PUBLIC SERVANTS WELFARE

2003-09-09

R.S.SODHI

body2003
( 1 ) THIS petition is directed against the order dated 30th July, 2003, of the Additional district Judge, in MCA No. 27/2003 which appeal was filed against an order dated 4th march, 2002, of the trial court allowing the application moved by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil procedure. The learned appellate court vide its order has found no merit in the appeal and dismissed the same. ( 2 ) THE case of the plaintiff-respondents, in short, is that the neighbourhood park in blocks BC, BD, BL and BK, Shalimar Bagh is being maintained as a park in by the DDA, which park was being allowed to be used for conducting marriages and other functions. The residents complain that by pitching of tents in the parks great nuisance is caused to those living in the vicinity thereof generating filth and adding to air and noise pollution. ( 3 ) LEARNED counsel for the parties appearing before me have made various suggestions to bring about an amicable settlement to the question of use of the park for the purpose of staging of ramlila. ( 4 ) LEARNED counsel for the petitioner submits that the park in question is one of the 70 parks earmarked for commercial use/marriage purposes. He submits that the organising society will be sensitive to the inconvenience of the residents and ensures that all possible care will be taken to address any inconvenience caused to the residents of the locality. An affidavit has been filed on behalf of the DDA stating that while working the orders of the Supreme Court, 70 parks, where permission can be granted for commercial use/marriage purposes, have been set apart in various divisions/zones. The park in question is one such park where permission for commercial use/marriage purposes can be given and the same is shown in serial no. 1 in horticulture Division - X of the list. ( 5 ) LEARNED counsel for the DDA has drawn my attention to the written statement filed by it where it has set out various steps it proposes to take to minimise the dis-comfort of the residents during the staging of the ramlila. ( 6 ) LEARNED counsel for respondent nos. 1 in horticulture Division - X of the list. ( 5 ) LEARNED counsel for the DDA has drawn my attention to the written statement filed by it where it has set out various steps it proposes to take to minimise the dis-comfort of the residents during the staging of the ramlila. ( 6 ) LEARNED counsel for respondent nos. 1 to 3 submits that the DDA must be directed to play a more active role in ensuring that the colony during the time the ramlila is being staged is kept free from filth and mess created by public at large as also keeping check on air and noise pollution and in particular, to ensure that there is no congestion on account of parking of vehicles in front of residential premises and also keep a stern check on unruly behaviour of people under the influence of liquor etc. Learned counsel for the petitioner as also the DDA submit that special efforts will be made to ensure that the residents are not put to any inconvenience on account of staging of ramlila and that all the grievances mentioned by counsel for respondent nos. 1 to 3 shall be effectively addressed. ( 7 ) WHILE I am sure the counsel for the petitioner and DDA have made submissions with all sense of responsibility. I direct that all parks which the DDA has selected for giving permission to be used for purpose of marriage/ function must be maintained and kept in good condition ensuring that no civic amenity suffers on account of such-permission. It must ensure that emergency service as also law and order is not compromised. ( 8 ) IN view of the submissions made by learned counsel for the parties and the affidavit filed by the DDA as also the directions given above, the order dated 30th July, 2003, is set aside. The DDA, if it deems just to give permission to the petitioners to stage ramlila in the park shown at serial No. 1 in Horticulture division No. X of the list annexed by the DDA, the petitioners as also the DDA must ensure that all possible steps are taken to minimize the discomfort of the residents during the staging of the ramlila in the park mentioned above. C. M. (M ). 565/2003 and C. M. 1168/2003 are disposed of. DASTI.