K C CHOPRA Vs. RAKESH MEHTA

JUDGEMENT

(1.) The petitioners herein under Article 226 of the Constitution are seeking order of the Court to restrain the respondent-Municipal Corporation of Delhi (MCD) from converting a children's park situated at E-6 Krishna Nagar, Delhi. The petitioner is a Society, it avers that its members are residents of Krishna Nagar. A heavily populated locality. As per the allegations of the petitioners in the vicinity of the locality there are few parks, hence open space/green areas have to be preserved. Reliance has been placed on a letter dated 11.1.1996 issued by the Government of India. Ministry of Urban Affairs and Employment stating that areas developed as 'Green' in the Regional/District/Neighbourhood parks or other recreational zones in the city should not be converted into other uses. The proposal of the MCD to use the area in question for the purpose of construction of a pump house, to drain out water has been questioned.

(2.) The petitioner had approached the Municipal Authorities eliciting details about the proposed works. The concerned Assistant Commissioner of MCD area namely. Shahdara (South) Zone by a letter informed that a storm water drain/Nallah was proposed to be dug starting from premises F-13, Block Krishan Nagar. The details of this work and the proposed areas where the Nala was to pass were also indicated. The petitioner has annexed a copy of the order in WP No. 1575/2003.

(3.) The MCD has filed is counter affidavit. The petitioner has filed a rejoinder which is taken on record.