RAJINDER NAGAR WELFARE ASSOCIATION Vs. MCD

JUDGEMENT

(1.) The Residents Association of the neighbouring colonies of Rajinder Nagar and Northern Extension Area have filed this writ petition aggrieved from the action of the respondents no. 1 and 2 MCD/DDA of commencing the work of fencing around a section of Vivekanand Park (Sindhi Park) in the locality, "so as to convert the said section of the park into a playground / stadium". It is the contention of the petitioners that the said park is a neighborhood park but the Director of Horticulture of the MCD inspite of protests of the petitioners had permitted the aforesaid section of the park to be used for sport activities, namely, playing of Volleyball and which is impermissible in the said park. The cause of action for preferring the petition as aforesaid was the work commenced of installation of a fence around the said section of the park.

(2.) The petitioners place strong reliance on the judgment dated 18th November, 2009 of the Division Bench of this Court in WP(C) 6950/2009 titled Paryavaran Avam Januthan Mission (Regd Socieity) v. Lt. Governor concerning Ajmal Khan Park in the locality of Karol Bagh and which had been designated as a District Park and in a section of which the MCD had proposed to construct a two storied covered air conditioned stadium and commercial complex and which proposal of the MCD was quashed by the Division Bench; while doing so this Court held that a sports facility like a basketball stadium whether outdoor or indoor could not form part of a green area including a District Park.

(3.) Notice of the petition was issued and vide order dated 2nd December, 2009 stay of construction or fencing of any portion of the Vivekanand Park was granted and the respondents were also directed to ensure that no part of the park is misused for any impermissible activities. The said order has continued in force.