Shri Ramleela Committe Janakpuri & Anr. vs. Rishu Kant Sharma & Ors.

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: September 27, 2023
Pronounced on: October 05, 2023

+ LPA 637/2023
SHRI RAMLEELA COMMITTEE, JANAKPURI & ANR.

..... Appellants
Through: Mr. K.K. Manan, Sr. Advocate
with Mr. Sanjay Rathi, Ms. Uditi
Bali, Mr. Ajit Singh, Ms. Kanishka
& Ms. Karmanya, Advocates.
versus

RISHU KANT SHARMA& ORS.
..... Respondents
Through: Mr. Kanwal Chaudhary, Advocate
for R-1. Ms.Pratima N.Lakra,
CGSC for R-2 Mr. Mukesh Gupta,
Standing Counsel with Mr. Raghav
Gupta & Mr. Ishant Sehrawat,
Advocates for MCD. Ms. Manika
Tripathy, Standing Counsel for
DDA.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA


JUDGMENT
NEENA BANSAL KRISHNA, J
WE ARE CHOKING!!
1. That is the cry of the citizens of Delhi who in the past few years
have seen the Air Quality Index skyrocket to toxic levels that it has
almost become difficult to survive and is followed by various maladies
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like Asthma, allergies and so on and so forth. The residents of Delhi are
gasping for breath which makes it a duty not only of the Government
Agencies, but also requires concerted effort of every individual to make
an endeavour to save the city and each be the active brigade of “ Saviours
Of Nature”. The concerns towards the Environment have been resonated
in the Policy Making by every concerned instrumentality and has been
echoed by the Courts at every level by taking every possible step
including tree plantation. This concern also finds mention in the Master
Plan, Delhi-2021 (hereinafter referred to as “MPD 2021”), wherein it
has been observed that Delhi has a much larger green cover than any of
the other metropolitan city in the country, and could well be called a
“Green City”. The green / recreational use constitutes 8,722 hectares of
land as per MPD 2001, which is around 19% of the total urban land area
of 44,777 hectares. This includes 1577 hectares under the Northern,
Central and South Central Ridge (the remaining area of the Ridge is in the
rural area). The balance area under recreational/ green use i.e. 7145
hectares is in the form of District Parks, City Parks, Community Parks
etc. comprising around 15% of the total urban land area. As per the
norms, in the urban extension, the green cover is to be provided at the rate
of 15% of the total land excluding Ridge/ Regional parks. Therefore, the
development of the area‟s facilities meant for recreational purposes is
created by ensuring that the green areas are not disturbed.
2. While it needs no reiteration that fresh air, oxygen and healthy
environment is the lifeline for survival of individuals, however, being the
social beings, the socio-cultural activities are equally essential part for
human co-existence. Concerns have been voiced that while holding such
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socio-cultural religious programmes in the District Parks leads to
environment pollution, traffic congestion and also causes serious damage
to the trees and the green belt cultivated strenuously over a period of
years. But the significance and importance of these socio-cultural
activities cannot be ignored or over looked. What in fact, is a matter of
concern is not a ban of these activities but to work out the mechanism to
ensure that the programs are held in a regulated manner without causing
any harm or damage to the environment.

3. The appellant herein Shri Ram Leela Committee, Janakpuri, in its
petition had stated that they have been celebrating Dussehra since last
more than 30 years in the District Park , Janakpuri with due permission
from the Land Owning Agency i.e. DDA and they have been complying
with all the terms and conditions regarding cleanliness and environment.
So much so that the district grounds have been named as Dussehra
Ground by DDA due to the popularity of these functions. It is stated that
the Dussehra Ground is an open space and not a park and since beginning,
is being used as a Multipurpose Ground. The recent photographs also
show that it is a barren ground with no grass or trees. The appellant in
any case by holding its Ram Leela, has never caused any harm to any tree
and shall not do so even in future.
4. The appellant states further that the decoration, water proofing,
erection of pandals and other requisite arrangements and dress rehearsals
take about 15 days; event Dussehra takes 10 days followed by
dismantling which takes about 5 days. The Dussehra/ Ram Leela had
been held in the year 2018 and 2019 with the permission of Division
Bench of this Court which allowed it vide Order dated 18.09.2018 in LPA
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No.535/2018 and Order dated 01.10.2019 in LPA No.653/2019
respectively. The respondent No.1/ petitioner Rishu Kant Sharma had
approached the Supreme Court vide SLP No.26625/2018 against the
Order dated 18.09.2018 but the same had been dismissed vide Order dated
12.10.2018. The celebrations were also allowed in the year 2022 vide
Order 02.09.2022 in the pending Writ Petition bearing W.P. (C)No.
7266/2017 by the learned Single Judge.
5. Further, the subject ground has been allowed to be used for Jain
festival of Panchkalyanak vide Order dated 20.12.2022 in W.P.(C)
16000/2022 titled as Rajender Jain & Ors. vs. DDA .
6. The appellant has challenged the locus of the respondent No.1 on
the ground that he now resides in Gurugram and his petition is motivated
out of vendetta against the appellants since they regularly organize
Dushehra, Ram Leela and Krishan Leela. The grounds raised in the Writ
Petition are merit less since the ground is a Multipurpose Ground meant
for such functions. It does not entail change of Land Use or Use Zone
and the existing function site is being used for religious events only and
not for commercial/ marriage purposes. Across the road i.e. Dharam
Marg, lies a well maintained District Park with greenery which is enjoyed
by the local residents. The Supreme Court vide Order dated 02.08.2021
in Civil Appeal No.15182/2021 in the matter of NDMC vs. President
Budhela Welfare Association & Anr . has allowed the use of parks even
for the purpose of such functions. The permission was thus, sought like
in previous years, to hold the Dussehra/Ramleela from 04.10.2023 to
02.11.2023.
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7. The Respondent No.3/ DDA in its response has stated that as per
MPD-2021 , Chapter 3 Delhi Urban Area-2021 , in Table 3.3 (Hierarchy
of Urban Development) at Level-4 (District level) at Sr. No.21 District
Park is permitted for use as (a)Park and (b)Multipurpose Ground Park.
In Chapter 9“Environment” , it is mentioned in respect of multipurpose
grounds in paragraph 9.4 that “Experience shows that common parks are
fouled if used for marriages/ public functions etc. Therefore, a special
category is proposed to take care of the same at three levels in the
following manner:

8. Table 9.4 provides for “Permission of Use Premises in Sub Use
Zones” . Out of six Use Zones under Recreational Use , Multipurpose
Ground is mentioned at Sr. No.6. Accordingly, a proposal for Use Zone
th
Premise Change was initiated and the matter was taken up in the 7
Technical Committee Meeting held on 29.08.2019 vide Item No.30/2019,
wherein it was decided that a case may be processed for seeking approval
of the Authority under Chapter 17 of MPD-2021 which in its sub-clause
8(2) provides for permission of use premises in Use Zones as part of
approval of Lay Out Plan or as a case of Special Permission from the
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Authority . It was deliberated that the area proposed as Multipurpose
Ground, is already earmarked as a function ground in the approved Lay
Out Plan of District Park. The Authority in its subsequent Meeting held
on 17.09.2019 deliberated upon the proposal for change of Use Zone/ Use
Premise from „Recreational (P2 District Park)‟ to „Recreational (Multi-
purpose Ground)‟ at Block-B, Janakpuri Zone-G and held it to be covered
under sub-clause 8(2) of Chapter 17 of MPD-2021 which provided for
“Special Permission” from the Authority. The aforesaid was approved
vide Minutes of the Meeting F.2(2)2019/MC/DDA/135 dated 24.09.2019.
9. It is submitted vehemently that DDA has not changed the land use
or the Use Zone in view of the already existing provisions inMPD-2021.
It was further submitted that if this Court deems so fit and permits
respondent No.3/DDA to allow the above mentioned, to use the ground as
Multipurpose Ground as already ear-marked, DDA would be pleased to
allow such bookings and also post the Ground on the internet for the
purpose of booking by the public for organizing other religious and social
functions in accordance with law.
10. The respondent No.1/ petitioner Rishu Kant Sharma has
submitted that the learned Single Judge of this Court in the present Writ
Petition had directed that during the pendency of the Writ no social,
cultural, commercial marriage of other function etc. shall be held in the
subject District Park. Despite the injunction, the appellant has sought the
permission to hold the function, which is in the teeth of the Orders of the
learned Single Judge. The appellant deliberately with oblique motives,
does not apply for such permission for designated Multipurpose Grounds
wherein such functions are permitted to be held, but seeks permission in
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respect of the subject “District Park” despite the Restraint Order. The
appellant is also aware that the Hon‟ble Division Bench had on the
previous occasions in the year 2018 and 2019 had granted permission for
holding Ramleela in peculiar facts that existed then, while observing that
the said permission shall not be cited as precedent. Therefore, no equities
can be claimed by the Appellant in planning and organizing „Ramleela‟ at
the subject „District Park‟ till the multiple Restraint Orders are in
operation.

11. As regards DDA‟s alleged applicability of Chapter 17 Sub-Clause
8(2) of MPD 2021 is concerned, a reference is made to judgment of
Supreme Court on 06.12.1996 in W.P (C) 4677/1985 titled M.C. Mehta
vs. Union of India 1997 (6) SCALE 13, wherein the Supreme Court
directed that by the end of December, 1997 the use of parks for marriage
etc. shall be reduced by 50%. The Authorities were directed to file an
affidavit stating progress in the project for construction of Community
Halls and also stop the use of parks for marriage etc. by the end of
December, 1997.
12. The Division Bench of this Court in W.P. (C) 8582/2009 vide
Order dated 02.09.2009 directed that beyond the 31.12.2014, the said 24
parks under DDA‟s jurisdiction shall not be used for social, cultural, and
marriage functions.
13. It is asserted that despite aforesaid decision, the DDA has
continued to let out the District Park, Janakpuri, New Delhi for social,
cultural and marriage and other religious functions and has not been
maintaining the aforesaid District Park as a park. Over the period of
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years, volume of vehicular traffic has increased and the area would choke
if the function is permitted to be held in the District Park.
14. Learned counsel on behalf of the respondent No. 1 has further
submitted that under the MPD-2021, the “ Multipurpose Ground ” being
the category different from the District Park, is prescribed in Clause 9.4 of
MPD-2021 and the activities permitted to be carried out to multipurpose
grounds in specifically defined therein and the said District Park cannot
be permitted to be used for any other activity. This is reflected in the
Order dated 03.08.2018 of the learned Single Judge and again in the
Order dated 11.07.2019 of the learned Single Judge, wherein the DDA
was cautioned and directed to ensure the strict compliance of the interim
Order dated 03.08.2018.
15. It is further asserted that the General Secretary of the appellant i.e.,
Confederation of Janakpuri Associations and Shri Ramleela Committee
has used his political clout to get the category of subject District Park
changed to Multipurpose Ground. This is fully corroborated by the
Minutes of the Technical Committee dated 29.08.2019 which records that
the proposal for change of use zone/premise of District Park, Janakpuri
was placed before the Technical Committee on the request of Mayor,
South Delhi Municipal Corporation. If DDA is permitted to adopt such
process of change of use zone/premise of District Park, it would be in the
teeth of Orders passed by the learned Single Judge of this Court.
16. Furthermore, even if it is assumed that the DDA has the power to
process the change and use zone/premises of District Park under Rule 12
of the Delhi Development (Master Plan and Zonal Development Plan)
Rules, 1959, (hereinafter referred to as “DD Rules, 1959”) it requires
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prior permission of the Central Government and it cannot take effect
without such approval. The DDA, during the course of arguments on
26.09.2023, was directed to produce the permission of the Central
Government, while exercising its power under Rule 12 of the DD Rules,
1959. However, no such permission has been placed on record; rather
shelter has been taken under Chapter 17 of MPD-2021 Clause 8(2) of
MPD-2021 to contend that no such permission is required.
17. The invocation of Chapter 17 of the MPD-2021 is wholly
misconceived, misrepresented, mischievous and absurd. Assuming that
the powers were exercised under Chapter 17, even then C2 categories,
City Park, District Park and Community Park cannot be dealt with under
the said Chapter. The change of use of designated District Park to
Multipurpose Ground amounts to modification of Master Plan and the
Zonal Development Plan which can be only done in terms of Section 11A
of the Delhi Development Act, 1957 (hereinafter referred to as “DD Act,
1957”). Hence, the DDA has no jurisdiction to resolve contrary to Master
Plan.
18. Respondent No.1/ petitioner has placed reliance on the judgments
of the Division Bench of this Court in the case of S.S.Jain Sabha Regtd.
vs. Govt of N.C.T. of Delhi 129 (2006) DLT 800 (DB) and Delhi Science
Forum vs. DDA 112 (2004) DLT 944 (DB).
19. Submissions heard from Ld. Counsel for all the Parties and
Written Submissions also perused.
20. Before considering the facts in hand, it is pertinent to first refer to
the relevant provisions of the DD Act, 1957. Chapter 3 of the DD
Act,1957 deals with the Master Plan and Zonal Development Plan.
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Section 7 of the DD Act, 1957 provides that the Master Plan shall define
the various zones into which Delhi may be divided. Section 8 provides
that the Zonal Development Plan may be simultaneously prepared along
with the preparation of the Master Plan or thereafter. In the Zonal
Development Plan, each of the zones into which the Delhi may be
divided, may be demarcated. It may contain the site-plan and user-plan
for the development of zones and show the approximate location and
extent of the land uses proposed in the zones, including utilities, schools,
hospitals public and private places and other categories of public private
use. Section 9 states that the plans so prepared shall be submitted to
Central Government for approval. In terms of Section 11 immediately
after the plans have been approved by the Central Government, the
Authority shall publish it in such manner as may be prescribed.
21. Chapter 3A of the DD Act 1957, provides for the procedure to be
followed for Modifications to the Master Plan and the Zonal
Development Plan . Section 11A(1) enables the Authority to make any
modifications to the Master Plan or the Zonal Development Plan which in
its opinion, does not affect important alterations in the character of the
plan and which do not relate to the extent of land use or the standards of
population density. Central Government is similarly empowered under
Section 11A(2) to make any such modifications to the Master Plan or
Zonal Development Plan where such modifications are of the nature
specified in sub-section (1) or otherwise. The Procedure to be followed
by the Central Government is provided in the subsequent sub sections
from Sub-section 3 to Sub-section 7. These provisions laying down the
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procedure for preparing, amending and modifying the Master Plan or the
Zonal Development Plan are complemented by DD Rules, 1959.
22. The DD Act, 1957 therefore, provides for the ten year development
Master plan for dividing Delhi into various zones and Master Plan
provides the use to which the different zones can be put. There are
therefore, two kinds of demarcations; one is of defining the zones and the
other is the use to which the defined zones can be put.
23. The MPD-2021 in its Clause 4.0 of Chapter 17 Development
Code, designates the Use Zones into nine categories like residential,
commercial, industrial, recreational, transportation, utility, Government,
Public and semi-public facilities and green belt/ and water body. The
land use zone “Recreational” is further divided into three sub-categories
namely:
P-1 Regional Park,
P-2 City Park, District Park and Community Park and
P-3 Historical Monuments.
24. The “District Park” is defined in Clause 3.2.2 Hierarchy of Urban
Development of Chapter 3 .Entry 4 of Table 3.3. provides at Sr. 21 that
the District Park shall have a total area of 2,90,000 Sq. Mtrs. In this
District Park, the area of 2,50,000 Sq. Mtrs. shall be used as a park while
40,000 Sq. Mtrs. can be used for Multipurpose Ground/ park. Chapter 9
which deals with “ Environment”, in its Table 9.4 defines “Multipurpose
Grounds”. It observes that “Experience shows that common parks are
fouled if used for marriages/ public functions etc. Therefore, a
special category is proposed to take care of the same at three
levels in the following manner.” The three categories enumerated
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therein are: Multipurpose Grounds, District Multipurpose Grounds and
Community Multipurpose Grounds. Further, Table 9.4 further defines
“Permission of Use Premises in sub-use Zones” wherein, Entry 4
provides that District Parks may be permitted to be used for Clean Park,
Recreational Park, National Memorial, Open Air Food Court, Children
Park, Orchard Plant Nursery, Area for water harvesting, Archaeological
Park, Specialized Park, Amusement Park, Children Traffic Park, Sports
activity, play ground, amenity structure, Restaurant in District Park
having an area above 25 hectare, is also permitted subject to the
requirements stated therein. Entry 6 provides Multipurpose Grounds may
be used for public meeting ground/ public address podium/ social
function/ soft drink and snacks stalls etc.
25. The various provisions of the DD Act, 1957 r/w. Rules 1958 and
MPD-2021 as mentioned above, make it evident that Delhi is defined into
various zones like residential, commercial etc. where one of the zone
defined is that of the “Recreational Park” which includes setting up of
City Park, District Park and Community Parks. It further defines that
District Park should have an area of 2,90,000 Sq. Mtrs., out of which
2,50,000sq.Mtrs. shall be used singularly as a Park, while area of 40,000
Sq. Mtrs. may be used as Multipurpose Ground. In the Multipurpose
Ground various activities like public functions etc. may be permitted to
be carried out. Therefore, MPD-2021 has been finalized and notified by
the Central Government in exercise of the powers by invoking Section
11A(2) of the DD Act, 1957 which is done after obtaining the prior
approval of Ministry of Urban Development. If the zones are intended to
be used in accordance with the provisions of MPD-2021, the permissions
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shall also be governed by the procedures as provided in Chapter 17 of the
MPD-2021.
26. The basic concern of respondent No.1 has been that despite such
minute planning, the District Parks which are the lung spaces of every
colony, are being choked by being permitted to be used for other
activities. However, as already discussed above, the use of 40,000 Sq.
Mtrs. out of the District Park are permitted under the Plan itself to be used
as Multi-purpose Grounds.

27. The learned Counsel on behalf of respondent No.1 had claimed that
use of District Parks as Multipurpose Grounds amounts to modification of
the Master/ Zonal Development Plan and this cannot be done without
following the procedure as laid down in Chapter 3A of the DD Act, 1957 ,
which requires prior approval of the Central Government. Further
grievance of the respondent No.1 is that even if it is to be considered as
the Use Zone change, to which Rule 12 of DD Rules, 1959 applies, which
also provides for the prior approval of Central Government.
28. These submissions on behalf of the respondent No.1 do not hold
any merit. As discussed above, it is specifically provided in the MPD-
2021 itself that 40,000 Sq. Mtres area out of 2,90,000 Sq. Mtrs., (which
should be the area of District Park) can be used for Multipurpose Ground.
This aspect also finds mention in the Minutes of the Technical
Committee. It was noted that the “Landscape plan of Green area opposite
Musical Fountain, Janakpuri, Dussehra Park” was prepared by the
Landscape Wing, DDA and approved by EM, DDA vide file No.PA/Dir
(LS)/2002/393 dated 10.09.2002. As per this Landscape Plan, 2.62 Ha
has been utilized for two function sites ( Function Site No.1 – 0.62 ha and
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Function Site No.2 – 0.6 ha ). The Landscape Plan of Green Delhi
opposite Musical Fountain, Janakpuri Dussehra Park prepared by
Landspace Wing, DDA shows that as per MPD-2021 the total area of the
scheme is shown as 2.62 hectares (6.47 acres). Even though as per the
Order issued by the Director (Horticulture) vide letter F.No.DHNW
(Misc.) Hort. NW/2018 dated 20.11.2018 total area is reflected as 10
acres when in fact the area of this District Park shows only 2.62 hectares
i.e. 6.47 acres. This area is shown in the Layout Plan of District Park as
approved by MPD-2021, as a multipurpose ground.
29. Since the MPD-21 which is duly notified with due approval of the
Central Government, Chapter 17 Sub-clause 8(2) of MPD-2021 becomes
applicable which provides for special permission of Use Premises in Use
Zones from the Authority and no additional permission of Central
Government is required.
30. It was not disputed that this plot of land is lying barren and has no
grass and has a few trees around the periphery, apparently since it has
been intended to be used as a Multipurpose Ground and has always been
so used. It has further not been denied that right in front of this park
across the road, is a much bigger District Park which is being used
exclusively as a District Park and no function of any kind are being
permitted to be held in the said District Park. Prima facie , it appears that
while the major portion of the park is being used as District Park, a small
portion of that area is being used a Multipurpose Ground, as is reflected
in MPD-2021. The entire confusion has arisen because this part of
ground is being considered as a District Park which appears to be distinct
and exists opposite this Multipurpose Ground. However, without going
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into this controversy and also considering that the matter is pending
before the learned Single Judge to be considered on merits, no final
expression on merits is expressed.
31. Admittedly, Shri RamLeela has been permitted to be held, without
creating any equities or precedent, by way of Interim Orders by Division
Bench in 2018 as well as 2019 and by the learned Single Judge in the year
2022, because of the peculiar circumstances, as the appellant has been
conducting Ramleela on the same ground for the last about 30 years.

32. Considering that the similar situation prevails even today and there
is no change in the circumstances since the previous Orders made in this
regard, the permission is granted to the appellants to host Dussehra/
Ramleela celebrations on this ground for this current year i.e. 2023 from
the date of this Order till 30.10.2023. It is further directed that the
Dussehra Mela shall be held in accordance with all the norms applicable
as well as by taking all the precautions including safety, traffic, fire
arrangement, etc. The appellants shall ensure that no damage or harm is
caused to the green cover/ trees already existing in the ground. A concern
has been expressed that despite repeated directions of this Court this area
continues to be barren with a few trees planted around it. This Order does
not in any way vary the directions given by the learned Single Judge in
the impugned Order dated 18.08.2023 to the DDA/ Dy. Conservative
Forests to plant trees in the part and to take steps for its beautification for
the welfare of the residents of the colony.
33. It is hereby reiterated that nothing stated herein is an expression on
the merits of this case and is confined to the specific issue of grant of
permission to hold the Ramleela for the dates as specified.
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34. We accordingly dispose of the Appeal.


(NEENA BANSAL KRISHNA)
JUDGE



(SURESH KUMAR KAIT)
JUDGE

OCTOBER 5, 2023
Va/Jn

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