BHABAJIBAN BHATTACHARYA Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the petitioners praying inter alia for directions to respondents No.1 and 3/MCD to not grant permission to any Samiti or person for performing any Puja or any other function at the K-Block Main Park (behind Purboshree Mahila Samiti), C.R. Park, New Delhi.

(2.) Counsel for the petitioners states that the petitioners are residents of K-Block, C.R. Park, New Delhi, and have approached this Court for seeking restraint orders against respondents No.1 and 3/MCD in view of their apprehension that the respondent/MCD is in the process of granting permission to respondent No.4, Chittaranjan Park Milan Samiti to conduct Durga Puja in a park situated in K-Block, which has been developed by the Residents Welfare Association (RWA) of the area by executing a MOU with the Govt. of NCT of Delhi, whereafter grants-in-aid were granted by the Govt. of NCT of Delhi to the RWA for meeting the expenses incurred for maintaining and developing the park. He submits that after much effort, the said park has been developed by the RWA as an ornamental park and is now being put to use by the residents of the area for recreational purposes. However, as per the petitioners, respondents No.1 and 3/MCD are seeking to destroy the beauty of the said park by granting permission to respondent No.4 to perform Durga Puja, Kali Puja and Saraswati Puja by holding the said functions in the park and thus damaging the plants and saplings that have been planted in the park so painstakingly.

(3.) Notice was issued on the present petition vide order dated 14.09.2011, while directing that till the next date of hearing, respondents No.1 and 3/MCD would ensure that no party is permitted to use the subject park for any public/private function. Pursuant to the aforesaid notice, appearance is entered on behalf of respondent No.4, Chittaranjan Park Milan Samiti. Counsel for respondents No.1 and 3/MCD, who was present on the last date of hearing, states on instructions from Mr. Alok Singh, Dy. Director (Hort.), MCD, Central Zone, New Delhi, that prior to the last date of hearing, i.e., prior to 14.9.2011, an office order dated 12.09.2011 was issued by the Dy. Director (Hort.), MCD, Central Zone, granting permission to respondent No.4 to perform Puja in the playground area of the subject park, which comprises of 1/4th of the entire area of the park. In support of the aforesaid submission, she hands over a copy of the office order dated 12.09.2011, which is taken on record. A perusal of the said office order shows that certain conditions have been imposed on respondent No.4 as to the manner in which the arrangement for the Puja may be made in the playground area of the park, apart from imposing routine conditions for booking of such parks.