Introduction:
The Delhi High Court, in a recent judgment, castigated the Delhi Development Authority (DDA) for its failure to take timely and effective measures for the beautification and enhancement of a District Park in the national capital. The court highlighted the absence of proper infrastructure, such as concrete walking tracks and multi-game courts, and emphasized the need for recreational spaces that promote social and economic integration. This decision came in response to a plea filed by a society challenging the DDA’s refusal to allow the celebration of Janamashtami Mohotasav at the DDA ground in Janakpuri.
Arguments of Both Sides:
Petitioner’s Arguments:
The petitioner, Sahil Viklang Sahaytartha Samiti, represented by its counsel, argued that the DDA’s decision to deny permission for organizing the Janamashtami Mohotasav was unjustified. The petitioner contended that they only required an area of 10,000 sq. mts. for the event, which was permissible under the relevant rules and regulations. The society emphasized the significance of the event for the local community and assured compliance with all prescribed codal formalities.
Respondent’s Arguments:
The DDA, represented by its counsel, defended its decision by stating that the directive to plant trees in the District Park, issued by a coordinate bench, necessitated maintaining green spaces and avoiding large gatherings that could potentially damage the park’s environment. The DDA highlighted its ongoing efforts to enhance the greenery of the park and its commitment to improving recreational facilities in the long term.
Court’s Judgment:
Justice Dharmesh Sharma of the Delhi High Court delivered a scathing critique of the DDA’s handling of the District Park, questioning the authority’s vision and execution in transforming Delhi into a “smart city.” The court observed the lack of essential facilities, such as proper walking tracks and multi-game courts, and underscored the importance of parks and playgrounds where children from diverse backgrounds can engage in recreational and sporting activities.
The court noted, “Unhesitatingly, it is manifest that the respondent/DDA does not know what to do with this site in question. Is it not high time that the respondent/DDA must ponder over what they have done to this city in terms of providing recreational activities open to all? How they intend to make Delhi a ‘smart city’?”
The court emphasized the right of the people to demand accessible recreational spaces that promote social interaction and harmony. It observed, “People have every right to ask where are the parks and playgrounds in Delhi where children from every walk of life could indulge in various recreational and sporting activities, intermingle with individuals from different social and economic backgrounds, and not only spend some quality time in various sporting activities, but also bring about peace and harmony.”
In addressing the petitioner’s plea, the court allowed the society to organize the Janamashtami Mohotasav, subject to fulfilling the prescribed codal formalities. The court set aside the DDA’s decision to decline the request, noting that the event was permissible under the relevant rules and regulations. However, it clarified that this order should not be construed as a precedent for allowing similar religious functions in the future.
The court further stated, “This Court only hopes that the respondent DDA will sooner or later come out with some meaningful policy decision to dedicate the District Park to the children, allowing them to indulge in various recreational activities including sports for their all-round mental, physical and psychological development, for the betterment of the society and the nation.”
The court urged the DDA to prepare for inevitable demands for the use of the site for other religious and social functions and to develop a comprehensive policy to address these requests while ensuring the park’s primary purpose as a recreational space for children is maintained.