There Is A Need For A Mechanism To Regulate Socio-Cultural Programs Without Harming The Environment: Delhi High Court
The Delhi High Court held that there is a need for a mechanism to ensure that socio-cultural programs are held regularly without causing damage to the environment.
The Court disposed of an Appeal filed by the Shri Ramleela Committee against the First Respondent, who had filed a Petition to stop festivities from occurring in the District Park. The Court emphasized that it is essential to maintain a healthy environment while also recognizing the significance of socio-cultural activities.
The Bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna noted, “What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment”.
“While it needs no reiteration that fresh air, oxygen and healthy environment is the lifeline for survival of individuals, however, being the social beings, the socio-cultural activities are equally essential part for human co-existence,” the Bench observed.
Senior Advocate K.K. Manan appeared for the Appellant, and Advocate Kanwal Chaudhary appeared for the First Respondent. Standing Counsel Pratima N Lakra appeared for the Second Respondent, Advocate Raghav Gupta for the Municipal Corporation of Delhi (MCD), and Standing Counsel Manika Tripathy for the Delhi Development Authority (DDA).
A Letters Patent Appeal was filed challenging the locus standi of the First Respondent. The First Respondent had filed a Petition before the Supreme Court seeking directions against the Appellant not to conduct the Dussehra festival as such celebrations skyrocketed the State's Air Quality, which was dismissed. The Appellant contended that the First Respondent now resides in Gurugram, and his petition was motivated by personal vendetta against the Committee.
The Court noted the First Respondent’s contentions about using District Parks, which are essential green spaces for every community. Despite careful planning, the Court observed concerns that these parks are being used for other activities and becoming choked. However, the Bench noted that the Master/Zonal Development Plan permits the use of 40,000 sq. Mtrs. of the District Park as Multi-purpose Grounds.
Furthermore, the Court rejected the First Respondent's contention that such use amounts to a modification of the Plan and should have followed the procedures set out in Chapter 3A of the DD Act, which requires the prior approval of the Central Government.
The Bench emphasized the importance of striking a balance between preserving the green spaces of the communities and allowing for necessary activities and events. The Court asserted that alternative solutions can be explored to ensure that District Parks are used wisely. The Court directed the Appellants to ensure that no harm should be caused to the existing green cover or trees on the ground.
Accordingly, the Court disposed of the Appeal.
Cause Title: Shri Ramleela Committee & Anr. v Rishu Kant Sharma & Ors