LAWS(DLH)-2009-5-269

KAILASH SHARMA Vs. NCT OF DELHI

Decided On May 06, 2009
KAILASH SHARMA Appellant
V/S
NCT OF DELHI Respondents

JUDGEMENT

(1.) A resident of Rajpur Khurd Extension, New Delhi has filed this petition in public interest for issuing directions to the respondents to implement the policy guidelines of the Government of National Capital Territory of Delhi (in short "GNCTD ") approved by this Court in W.P.(C) No. 14261/2004 in the matter of "Bharushtrachar Virodhi Sangathan (Regd.) Delhi vs. Lt. Governor & Ors. ", and to take effective steps to see that the smooth flow of traffic is maintained and there is no congestion on the Chhatarpur Bhatti Mines Road. Further the petitioner has sought direction to suspend and cancel licensees of such marriage venues/farmhouses which are carrying on activities in contradiction and violation of the Provisions of the Delhi Municipal Corporation Act, 1957 and the guidelines issued in W.P.(C) No. 14261/2004.

(2.) CHHATTARPUR Bhatti Mines Road is the main arterial road for ingress and egress for several villages including Chhattapur Enclave and Hargovind Enclave. The population of this area is more than 10 lakhs and this road stretches into approximately 6 kms. and caters to the daily needs of transportation of the residents of the villages. It appears that in and around 1990, because of the paucity of space, certain plots were converted into farmhouses and thereafter, were utilized for the purpose of holding social functions such as marriages etc. This Court noticing the fact that the farmhouses were being used indiscriminately and commercially for marriages and other social functions in gross violation of the norms, rules and regulations of the Municipal Corporation of Delhi (in short "MCD ") asked GNCTD to frame a policy regarding the manner and mode of use of farmhouses for organizing social functions. The guidelines framed by GNCTD which were approved by this Court vide its order dated 10th October, 2007, reads as follows:-

(3.) THE grievance of the petitioner is that social functions are being held in all these farmhouses on a daily basis without adhering to the guidelines which have been approved by this Court in W.P.(C) No. 14261/2004. According to the petitioner, this is causing traffic jams throughout on the Chhattarpur Bhatti Mines Road resulting in serious hardship of the residents of the area. Further, according to him, after such marriages or other functions are over, huge piles of rubbish, garbage etc. are left on the road by the venue owners which has become an environmental hazard. The petitioner is, therefore, seeking strict implementation of the guidelines.