JUDGMENT Kailash Gambhir, J. 1. By this writ petition filed by the Green Park Extension Residents Association mandamus has been sought for the removal of unauthorized construction raised by the office of Chief Electoral Officer in the C Block park and for restoration of the park to its original shape. 2. Vide order dated 22.4.2008, directions were given to the respondents to file their respective affidavits to clarify the position with regard to unauthorized construction having come up in the green area of C block park in the Green Park Extension Colony, New Delhi. Pursuant to the said directions, affidavits have been filed by the respondents. The respondent MCD in their affidavit filed through Commissioner, MCD, has taken a stand that the part of the land on which office of the Election Commission was set up was a small area of park measuring 8.2m X 11.2m in the said block C, Green Park Extension. It is further stated that as per the lay out plan, green area is measuring around 4103.33 sq. yards. It is also stated that as per the record maintained , the management of the park along with connected services vests in MCD. It is further stated that portion on which office of the Election Commission was constructed belonged to Delhi Jal Board since 1968, when DJB was a part of the MCD. Earlier, there was a pump house which became non functional and at the request of the officer of the Chief Election Commissioner, site of the pump house was handed over by the DJB for setting up an office of Chief Electoral Officer. It is further stated that the site of the entire park has been handed over to the DMRC for a period of three years on temporary basis and due to such allotment of the park, the present petition filed by the petitioner has become infructuous. It is also stated that the Election Office has already made alternate arrangements to shift in the village Humayunpur. It is also stated that the Election Office has already made alternate arrangements to shift in the village Humayunpur. In the counter affidavit filed by respondent No. 3/D JB, stand has been taken that pursuant to the request received from the office of Principal Secretary (Development) & Divisional Commissioner, GNCT the site of tube well was made available to the office of the Election Commission for setting up a temporary office for upgradation of the electoral rolls and issuing electoral photo identity cards to all the eligible electors of the assembly area in which the said locality of Green Park Extension falls. Acceding to the request of the GNCT, two rooms were made available by the office of the DJB at the site of tube well measuring around 600 sq. ft. in favour of the Electoral Registration Officer and it was made clear that the said allotment was temporary not exceeding period of two years subject to certain terms and conditions. In para 5 of the counter affidavit of DJB, it is stated that on inspection of the site by their officers, it was found that gross violations were committed to the terms and conditions of the allotment by the office of Electoral Registration Officer. A letter dated 17.10.2007 to this effect was sent by the DJB to the Office of the Electoral Registration Officer. It is also stated by the respondent No. 3 that the office of the DJB had never authorized Election Commissioner or its representative to raise any permanent structure at the site in question. It has also been stated that raising of the structure by the Election Commissioner at the said site is clearly unauthorized and invalid. Stand has also been taken by respondent No. 3 that the office of DJB never handed over any portion of the green area to the Election Commission or its representative and it was only a structure comprising of two rooms out of the tube well premises which was handed over by the DJB to the office of the Election Commission with a specific stipulation that no disturbance should be caused to the existing structure. 3. The office of the Chief Election Officer in their affidavit has taken a stand that pursuant to the directions given by this Court, they have already set up their office at Humayunpur. 3. The office of the Chief Election Officer in their affidavit has taken a stand that pursuant to the directions given by this Court, they have already set up their office at Humayunpur. It is also submitted by the respondent No. 4 that the site in Green Park was selected after due consultation with the stake holders keeping in view the requisite parameters. It is also stated that the site to the office of the Chief Electoral Officer was allotted by the DJB at a location where there was existing an earlier abandoned pump house. The stand has also been taken that the structure existing in the green area can be used as senior citizens centre for the benefit of the senior citizens. The demolition of swings in the said park with a view to raise construction in the said green area has been denied by respondent No. 4 in their affidavit. 4. In juxtaposition to the stand taken by these Government bodies, counsel for the petitioner took exception to such divergent stand of these authorities and contended that no explanation and justification can be given by these respondents so as to justify their stand for raising a permanent structure in the green area for the purpose of setting up office of the Chief Electoral Officer. Counsel for the petitioner also contended that large amount of money was spent by the residents of the said locality to build and maintain the said park where swings for the children were installed and even a badminton court was set up for the benefit of the children of the locality. Counsel also contended that on 21.9.2007 large scale digging and construction started in the said park after uprooting the trees in the park dismantling the badminton court and throwing away the swings of the children. Along with the petition, photographs of the site have been placed on record which shows lot of construction activity of permanent nature was in progress at the site. 5. Along with the petition, photographs of the site have been placed on record which shows lot of construction activity of permanent nature was in progress at the site. 5. Without denying the fact that there was need to set up offices by the Chief Electoral Officer in various assembly constituencies of Delhi for upgradation of electoral rolls and for issuing electoral photo identity card to the eligible electors pursuant to the directions given by the Election Commission of India, the crucial question is that would such directive justify the action of the DJB in allotting a site on a licence fee of Rs. 1000/- p.m. in the park in favour of the Electoral Registration Officer, AC-09, Hauz Khas, Old Tehsil Buidling, Mehrauli, New Delhi, for a period of two years. No justification can also be seen in the raising of a permanent structure in the green area by the office of Chief Electoral Officer which act of Election Officer is otherwise in blatant violation of the terms and conditions of the allotment. Clause 3 of the terms and conditions of the allotment letter dated 20.6.2007 prohibits the licensee to carry out any digging in the land or any alternation in the existing structure unless same is specifically approved by the competent authority of DJB. The DJB has already taken a stand in the counter affidavit that the structure raised by the office of Election Commission is clearly unauthorized. It has also been submitted by the DJB that no portion of the green area was handed over to the office of the Election Commissioner or its representative. 6. This is a classic case of fence eating the grass. It is beyond ones comprehension as to how DJB could allot the said site of pump house in favour of the office of the Chief Electoral Officer, more particularly when the site of pump house became non functional and redundant. It is also equally disturbing to know how the office of Chief Electoral Officer could raise a permanent type of structure in the green area extending beyond the earlier existing structure of the said nonfunctional pump house. It is also interesting to know that the MCD did not take any action against the office of the Chief Election Commission for raising unauthorized structure in the green area. It is also interesting to know that the MCD did not take any action against the office of the Chief Election Commission for raising unauthorized structure in the green area. It is not in dispute that as per the lay out plan the said structure was raised by the office of the Election Commissioner in a green area. This is as per the stand taken by the MCD in their counter affidavit and as per copy of the lay out plan annexed by them in their counter affidavit. It is also an admitted position that there was no change or modification in the lay out plan so as to convert a part of the green area to house temporary office of the Chief Election Commissioner or to raise a permanent structure therein. It is also not a case set up by the respondents that no other site was available for setting up of the office of the Chief Electoral Officer or there was any kind of compulsion on the part of the Chief Election Commission to set up their office in the green area, at the cost of the residents of the said locality. Uprooting of trees, removal of swings which were meant for tiny tots, dismantling of badminton court by these statutory bodies clearly exemplify that these bodies have scant regard for the rule of law. The situation is more serious and alarming when you find that the law enforcing agencies themselves were indulging into committing such gross illegalities. These authorities should have at least spared the locality known as Green Park by not depriving the people of its greenery. The illegal acts committed by the respondents are in gross violation of the municipal laws and in contravention of the designated purpose of the lay out plan. It has recently been learnt that Delhi Cabinet has given an approval for setting up of society to be headed by the Lt. Governor as Chief Patron under the name ofDelhi Parks and Gardens Society, to undertake the task of ensuring maintenance of parks and greening activities in the city. I feel that when the said society is in place then the same shall certainly ensure that at least no green area or park in the city is under encroachment of the Government body or instrumentalities of the State. 7. I feel that when the said society is in place then the same shall certainly ensure that at least no green area or park in the city is under encroachment of the Government body or instrumentalities of the State. 7. As far as facts of the present case are concerned, since the said site of green area in question has been given to the DMRC for a temporary period of three years for the purposes of parking, therefore, at least for that period, the petitioner association and its members shall be deprived to use the said area as a green area or park for the benefit of its residents including the children. However, since unauthorized construction has been raised in the said green area, immediate steps shall be taken by the office of the Chief Election Commission to raze the said structure to the ground and in case the said unauthorized construction is not demolished by the office of the Chief Election Commission within one week from the date of this order, then necessary demolition action shall be taken by the respondent MCD within a period of one week, thereafter. It has also been noticed that the DJB has charged licence fee of Rs. 1000/- from the office of the Chief Election Commissioner w.e.f 27.6.2007 and since the said money has been received by the DJB at the cost of annoyance and harassment of the residents of petitioner society, therefore, the said amount of Rs. 11,000/- shall be paid by the office of the DJB to the petitioner Association within two weeks from the date of this order. Costs of Rs. 25,000/- is also imposed on the MCD for not taking any action to demolish the illegal structure in the green area. The petitioner Association shall spend the aforesaid amount to plant more saplings in the green area of the colony and for purchasing the swings for the children after the restoration of park by the MCD. With these directions, the writ petition stands disposed of.