SHRI RAMLEELA COMMITTEE Vs. RISHU KANT SHARMA

JUDGEMENT

(1.) That is the cry of the citizens of Delhi who in the past few years have seen the Air Quality Index skyrocket to toxic levels that it has almost become difficult to survive and is followed by various maladies like Asthma, allergies and so on and so forth. The residents of Delhi are gasping for breath which makes it a duty not only of the Government Agencies, but also requires concerted effort of every individual to make an endeavour to save the city and each be the active brigade of 'Saviours Of Nature'. The concerns towards the Environment have been resonated in the Policy Making by every concerned instrumentality and has been echoed by the Courts at every level by taking every possible step including tree plantation. This concern also finds mention in the Master Plan, Delhi-2021 (hereinafter referred to as 'MPD 2021'), wherein it has been observed that Delhi has a much larger green cover than any of the other metropolitan city in the country, and could well be called a 'Green City'. The green / recreational use constitutes 8,722 hectares of land as per MPD 2001, which is around 19% of the total urban land area of 44,777 hectares. This includes 1577 hectares under the Northern, Central and South Central Ridge (the remaining area of the Ridge is in the rural area). The balance area under recreational/ green use i.e. 7145 hectares is in the form of District Parks, City Parks, Community Parks etc. comprising around 15% of the total urban land area. As per the norms, in the urban extension, the green cover is to be provided at the rate of 15% of the total land excluding Ridge/ Regional parks. Therefore, the development of the area"s facilities meant for recreational purposes is created by ensuring that the green areas are not disturbed.

(2.) 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. Concerns have been voiced that while holding such socio-cultural religious programmes in the District Parks leads to environment pollution, traffic congestion and also causes serious damage to the trees and the green belt cultivated strenuously over a period of years. But the significance and importance of these socio-cultural activities cannot be ignored or over looked. 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.

(3.) The appellant herein Shri Ram Leela Committee, Janakpuri, in its petition had stated that they have been celebrating Dussehra since last more than 30 years in the District Park, Janakpuri with due permission from the Land Owning Agency i.e. DDA and they have been complying with all the terms and conditions regarding cleanliness and environment. So much so that the district grounds have been named as Dussehra Ground by DDA due to the popularity of these functions. It is stated that the Dussehra Ground is an open space and not a park and since beginning, is being used as a Multipurpose Ground. The recent photographs also show that it is a barren ground with no grass or trees. The appellant in any case by holding its Ram Leela, has never caused any harm to any tree and shall not do so even in future.