Delhi High Court Criticizes Authorities For Abusing Procedures In Allowing Booking Of Space For Ramlila, Dussehra Mela
The Delhi High Court strongly criticized authorities for permitting a Ramlila committee to manipulate the booking procedure for hosting Ramlila and Dussehra Mela events. The Court observed that the committee initially reserved an open space near Jawaharlal Nehru Stadium for 43 days but later reduced it to 23 days, ensuring no one else could book the venue during that period. The petitioner had approached the court seeking direction to book a venue, an open space near Jawahar Lal Nehru Stadium, for a period of 22 days as per prevailing rates. The petitioner claimed that Respondent No.4 had unfairly booked the venue for 23 days, altering the original period of 43 days, with the support of Respondents No.1, 2 & 3.
A Bench of Justice Subramonium Prasad found that, “Respondent No.4 has abused the procedure by first booking the venue in question for 43 days, i.e. from 26.09.2023 - 30.10.2023, and then has altered the booking period to only 23 days, i.e. from 05.10.2023 - 28.10.2023, with the ulterior motive of ensuring that no other Committee can book the venue for that period. Unfortunately, the State has factually approved the procedure and been complicit in this unfair practice. Further, to make the matters worse, it has granted concession to the Respondent No.4 for booking the venue in question.”
Advocate Samrat Nigam appeared for the Petitioners and Advocate Bhupendra Pratap Singh appeared for the Respondents.
The Court found that Respondent No.4 had manipulated the booking period and the authorities had allowed this unfair practice, granting concessions in the process. The Court emphasized that such actions violated Article 14 of the Constitution, which demands non-arbitrary state actions and fair treatment. The Court said, “It has been held by the Apex Court time and again that the basic requirement of Article 14 of the Constitution of India is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”
The Court said that it can’t be a silent onlooker. The Court while acknowledging that the petitioner's initial prayer could not be granted due to Respondent No.4 following the booking procedure, expressed its concern about the abuse of the process. Respondent No.4 had initially booked the venue for 43 days but reduced it to 23 days, receiving a discounted rate.
The Court ruled that such actions were unfair, especially considering the commercial nature of Ramlila and Dussehra Melas. It emphasized that Respondents No.1, 2 & 3 should not have allowed this abuse and directed them not to offer any discounts to Respondent No.4. The Court said Respondent No.4 should pay the full booking amount of Rs.2,25,000/- per day plus GST @ 18%.
The writ petition was disposed of accordingly by the High Court.
Cause Title: Dakshini Delhi Dharmik Ramlila Samiti v. Sports Authority Of India (SAI) & Ors.
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