PARYAVARAN AVAM JANUTHAN MISSION Vs. LT GOVERNOR

JUDGEMENT

(1.) THE Parya Varan Avam Januthan Mission, a registered Society formed with the object of protecting and promoting the cause of pollution free environment, and its President, are the two petitioners before this Court. This petition concerns the Ajmal Khan Park, located in Karol Bagh in the hub of West Delhi 's thickly populated commercial and residential areas. The park has existed since 1920 and is spread over a total area of 24.83 acres. It is divided into four squares. The "ornamental " portion of the park is said to be 18.43 acres. In the remaining area of 4.8 acres community functions are held. This is the only major park in the area. The apprehension expressed by the petitioners, who are residents of the area, is that over the years the park has been used for purposes other than what is permissible in terms of the Master Plan for Delhi (MPD) 1962, 2001 and 2021. The immediate cause for concern is the proposed construction in the park of an indoor basket ball stadium by the Municipal Corporation of Delhi (MCD), Respondent No.2 herein, in violation of the MPD norms.

(2.) IT is stated that since 1972 an area in the north-east square of the park measuring 2117 sq m. is being used as an open basket ball stadium. It is named as the Master Prithvi Nath Stadium and consists of a covered management block and an open rectangular shaped stadium having eight rows of concrete seating stands which can seat around 1500 to 2000 spectators. It is not in dispute that the said open basket ball stadium is the property of the MCD. It is claimed that in the past national level basket ball championship tournaments have been organized in the stadium but it does not meet the essential requirement for organizing international level tournaments. It is stated that there is no other stadium in this area.

(3.) THE petition states that this court has been approached earlier for protection of the Ajmal Khan Park. W.P. (C) No. 14261 of 2004 titled Bharushtrachar Virodhi Sangathan v. LG & Others was filed to protest against the MCD collecting charges for the use of the parks in Delhi for community functions like marriages. The petitioners there had sought a direction to the respondents to stop the illegal use of farm houses, banquet halls, vatikas, parks and other premises for commercial activities. An application being CM No. 10024/2004 was filed seeking a direction to seal the farm houses, banquet halls, parks being used for commercial activities without licence. On 6.7.2005, a Division Bench of this Court issued the following directions in the said writ petition: