LI Network
Published on: October 7, 2023 at 13:37 IST
The Delhi High Court has underscored the importance of establishing a mechanism to facilitate regular socio-cultural programs while safeguarding the environment.
The court addressed this issue while disposing of an appeal filed by the Shri Ramleela Committee against a petitioner who sought to halt festivities in the District Park.
The court emphasized the need to strike a balance between maintaining a healthy environment and recognizing the significance of socio-cultural activities.
Justices Suresh Kumar Kait and Neena Bansal Krishna highlighted that the concern is not banning these activities but establishing a regulatory framework to ensure they do not harm the environment.
The bench remarked, “While it needs no reiteration that fresh air, oxygen, and a healthy environment are the lifeline for the survival of individuals, however, being social beings, socio-cultural activities are an equally essential part of human co-existence.”
The appeal challenged the standing of the first respondent, who had previously filed a petition before the Supreme Court seeking directions against the appellant to prevent the Dussehra festival due to concerns about deteriorating air quality.
The Supreme Court had dismissed this petition, The appellant argued that the first respondent, now residing in Gurugram, filed the petition out of personal vendetta against the committee.
The court acknowledged the first respondent’s concerns regarding the use of District Parks for activities other than green spaces for communities. Despite these concerns, the court noted that the Master/Zonal Development Plan permits the use of 40,000 sq. Meters of the District Park as Multi-purpose Grounds.
Additionally, the court rejected the first respondent’s argument that such usage amounted to a modification of the Plan, requiring the prior approval of the Central Government as per Chapter 3A of the DD Act.
The bench stressed the importance of finding a balance between preserving green spaces and allowing necessary activities and events. It directed the appellants to ensure that no harm occurs to the existing green cover or trees on the ground.
Consequently, the court disposed of the appeal in this matter.
Case Title: Shri Ramleela Committee & Anr. v Rishu Kant Sharma & Ors.
