Pt. Shankara Nand Jha Memorial Charitable Trust Regd. vs M.C.D. and Another

Sanjiv Khanna, J.—Use of parks for public functions including marriages, reception and parties has been subject of for adverse comments and directions have been issued by the Supreme Court as well as the Delhi High Court in several matters to curtail, reduce and ultimately prohibit such functions in public parks. Gradually the number of parks, which are being allowed to be used for public functions in terms of the said directions is to be reduced every year. In these circumstances, I am not inclined to pass any specific order barring or prohibiting use of the public park in question located at block No. 2, Nehru Nagar, New Delhi for marriages and other functions. However, the respondent-MCD will be bound by the directions issued by the Supreme Court and the Division Bench of the High Court.

The petitioner has made grievance with regard to cleanliness and hygiene levels at the park at the time of functions and thereafter. Respondent-MCD will take remedial action to ensure that the person to whom the park is given maintains general hygiene, cleanings and removes all garbage. In case any person using the park does not remove the garbage and filth, MCD will take action as per the terms of the contract and as per rules. Respondent-MCD will also ensure that generator sets with proper enclosures and which meet the norms of Delhi Pollution Control Committee are used. D.J. and loud music etc. should not be played beyond the prescribed time so as to cause harassment and nuisance to the residents of the area. If required, MCD can take assistance of the Delhi Police and Delhi Pollution Control Committee in this regard.

The writ petition is disposed of.

Dasti to the learned Counsel for the parties.