Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 17 January, 2020
+ W.P.(C) 645/2020 and CM No.1828/2020
SD WINDLESH ..... Petitioner
Through: Petitioner in person
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Jawahar Raja, Addl.Standing
Counsel (Civil)-GNCTD with Mr. Anchit
Krishnan, Adv.
Mr. Ajjay Aroraa and Mr. Rajat Rajoria Singh,
Advs. for R-East Delhi Municipal Corporation
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
% 17.01.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 645/2020
1. This so called Public Interest Litigation has been preferred with the
following prayers :
“A. Issue writ/ order/ direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents not to encroach upon the open green land
reserved by DDA as parks at the time of construction of
W.P.(C) 645/2020 Page 1 of 7
Yamuna Vihar Residential Colony in 1974 which had been
serving as a lung space for breathing fresh air by the residents
of the colony which has been converted into heavily polluted
concrete jungle;
B. Issue writ/ order/ direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents to provide a list of all parks and green land
earmarked by DDA at the time of allotment of plots in Ghonda
Residential Scheme presently known as Yamuna Colony;
C. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents to provide a list of all the unauthorized
constructions in the parks earmarked for the public by DDA at
the time of planning of Ghonda Residential Colony presently
known as Yamuna Vihar Residential Colony and to remove all
these unauthorized constructions of various schools, religious
places, dharamshalas and banquet halls made from the parks
in Yamuna Vihar
D. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents not to raise the height of boundary walls of the
parks in Yamuna Vihar Colony as the same has obstructed free
flow of air,
B. Issue writ/order/direction in the nature of a Writ of
Mandamus of any other writ thereby directing the respondents
to stop the encroachment of green space of parks in Yamuna
W.P.(C) 645/2020 Page 2 of 7
Vihar Colony by constructing zims or any other structures
inside the parks.
F. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents to provide toilet in each park for the convenience
of the public coming to the park early in the morning for
morning walk,
G. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
respondents to ensure the availability of chowkidar and one
responsible person in the parks especially during morning and
evening hours when public comes there for morning and
evening walks, strolling and relaxing, and
H. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
Respondents to provide the list of the plantation made in parks
of Yamuna Vihar by PWD at the instance of Delhi High
Courtensure that existing greenery and recent plantation made
at the direction of Hon'ble Delhi High Court and also the list
of plantations existing as on date;
I. Issue writ/order/direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
Respondents to ensure that these green spaces/parks are not
converted by illegal entrants into play grounds;
W.P.(C) 645/2020 Page 3 of 7
J. Issue writ/ order/ direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
Respondents to provide the list of plantation existing in each
park as on date and to ensure that none of these plants/trees
are felled by unauthorized encroachers in these parks.
K. Issue writ/ order/ direction in the nature of a Writ of
Mandamus or of any other writ thereby directing the
Respondents to provide the list of the green belts which have
been encroached upon by the people on the lane in front of
bigger residential houses on the north side of the colony and to
take back the possession of such green spaces.”
2. It is submitted by learned counsel for the respondent nos. 2 and 3 that
the allegations leveled in this writ petition are baseless as no data or specific
information supporting allegations mentioned in the writ petition. It is
further submitted by the learned counsel for the respondent nos. 2 and 3 that
as per Table 9.4 of the Master Plan for Delhi-2021, the permissible
construction is being carried out in the area in question by the respondent
nos. 2 and 3, which are Government authorities.
3. Table 9.4 of the Master Plan for Delhi 2021 reads as follows :
Table 9.4: Permission of Use Premises in Sub Use Zones
| S.No. | Use Zone | Activities Permitted |
|---|---|---|
| 1. | Green Belt | Forest, Agriculture use, Vegetation belt, Dairy Farms,<br>Piggery, Poultry farms, 1 [ Low Density Residential<br>Plots], Wild life sanctuary, Bird sanctuary,<br>Biodiversity Park, Veterinary Centre, Police Post, Fire |
W.P.(C) 645/2020 Page 4 of 7
| Post, Smriti Van, Plant Nursery, Orchard, Area for<br>water-harvesting, Floriculture farm, Open Playground,<br>Agro forestry, Amenity structures (List given in note).<br>Existing village Abadis, already Regularised<br>Unauthorised colonies and already approved Motels<br>may continue 2 [subject to development control<br>conditions mentioned in Table 5.4 and Clause in<br>Chapter 17.0]. | ||
|---|---|---|
| 2. | Regional Park | Ridge, Residential Flat (For watch & ward), Picnic<br>Hut, Park, Shooting Range, 3 [Bio-diversity Park],<br>Zoological Garden, Bird Sanctuary, Botanical Garden,<br>Local Government Office (Maintenance), Open Air<br>Theatre, Police Post, Fire Post, Orchard, Plant Nursery<br>and Forest. Approved Farm Houses sanctioned prior to<br>01.08.90 4 [or subsequently if approved by 5<br>[concerned municipal body], as per the policy<br>applicable for regularization of the existing farm<br>houses subject to necessary clearances from the<br>Central Empowered Committee of Supreme Court and<br>the Ridge Management Board of GNCTD are<br>allowed.] |
| 3. | City Park | Aqua park/water sports park, Arboretum, 6 [Bio-<br>diversity Park], Botanical Garden, National Memorial<br>(approved by Cabinet/ Govt. of India), Amphitheatre,<br>Open Playground, Aquarium, Other activities same as<br>permitted in District Park. 30% of the area shall be<br>developed with plantation of native species |
| 4. | District Park | District Park, Theme park, 7 [Bio-diversity Park],<br>Recreational Club, National Memorial , Open-air food<br>court, Children Park, Orchard, Plant Nursery, Area for<br>water harvesting, Archaeological Park, Specialized<br>Park, Amusement Park, Children Traffic Park, Sports<br>activity, Playground, Amenity structures. Restaurant in<br>a District Park having an area above 25 Ha. subject to<br>following:<br>a. Area of the restaurant plot shall not be more than 0.8<br>Ha or 1% of the District Park, whichever is less. b.<br>Restaurant plot shall have no physical segregation<br>from the rest of the District Park area.<br>c. The building shall be a single storey structure with<br>max. FAR of 5 and height not more than 4m. without<br>any residential facility and to harmonize with the<br>surroundings. |
W.P.(C) 645/2020 Page 5 of 7
| d. In case there is no parking lot in the vicinity,<br>parking should be provided at a reasonable distance<br>from the restaurants. Parking area should not form part<br>of the restaurant complex / greens.<br>e. 30% of the area shall be developed as dense<br>plantation. | ||
|---|---|---|
| 5. | Community<br>Park | Park, Children Park, Open-air food court, Playground<br>etc |
| 6. | Multipurpose<br>Ground | Public meeting ground, Public address podium, Social<br>functions, Soft drink and snack stalls etc. |
4. Having heard the petitioner in person and learned counsel for the
respondents, it appears that this is not a public interest litigation at all. It is
alleged by the petitioner that respondent nos. 2 and 3 are encroaching upon
the government plots at the instance of respondent nos. 1 and 4, which are all
government authorities. The concerned respondent authorities are bound to
keep in mind the Master Plan for Delhi-2021 for the land use and
construction is required to be carried out within permissible limit at the
permissible places. If there is any specific violation by any specific
respondent, the same shall be pointed out in an individual writ petition.
5. In this public interest litigation, we see no reason to issue any
direction, much less any writ upon respondents Government authorities that
they will not do any encroachment. The allegations levelled in the instant
writ petition against the respondent nos. 2 and 3 are baseless and are not
substantiated by any relevant data and proper research, therefore, tantamount
to total misuse of Public Interest Litigation system.
6. With these observations, this writ petition is hereby dismissed with
costs of ₹10,000/- (Rupees ten thousand only). This amount shall be
W.P.(C) 645/2020 Page 6 of 7
deposited with the Delhi State Legal Services Authority within a period of
six weeks from today.
7. A copy of this order will be sent to the Member Secretary, Delhi State
Legal Services Authority, Central Office, Patiala House Courts Complex,
New Delhi-110001.
CM No.1828/2020 (interim stay)
1. In view of the disposal of the writ petition, this application also stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
JANUARY 17, 2020/ kr
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