TALKATORA GARDEN MORNING WALKERS' ASSOCIATION vs NDMC

VIDE order dated 4th January, 2007 passed in the aforesaid complaint this Commission had restrained NDMC from holding any marriage parties or any other even in the premises of Talkatora Garden, New Delhi.

IT is shocking that NDMC has not only carved another portion of the park for the purpose of holding marriages apart from originally earmarked portion which was used for decades at the cost of the play-ground being used by the hundreds of young players, aspirants and sportsmen but also have used clandestinely, mischievously and unethically in spite of the directions of the Supreme Court not to put into use more than (sic.) days in a month by making two portions of the same park and thereby allowing large number of marriages. These have caused immense miseries, hardships and harassment to the users of the park and nearby residents. It is pertinent to mention that recently Delhi High Court has permitted those Farmhouses to have marriage that have minimum parking space inside the farmhouse so as to avoid traffic jam due to the parking of vehicles on the roads. Public parks like Talkatora Garden that are allowing marriage have no such arrangement and as a result hundreds of vehicles are parked on both sides of the roads and thereby cause chaotic traffic jams.

It is pertinent to mention that NDMC is putting this park alone for the purpose of marriages in spite of the fact that it maintains and is custodian of so many other parks like Lodi Gardens, Nehru Park, etc. It is not understandable as to what is the reason to put the whole pressure on this single park and not dividing between the other parks which they are maintaining.

TODAY the Secretary, NDMC is present before us and has given a list of large number of marriage booked by them upto 4th January, 2007 while this Commission had passed an order restraining them to conduct any marriages thereafter. Since people had booked space for the marriage of their children long back and lately on 4.1.2007 only one portion was booked by Shri P.N. Saluja for the marriage that has to take place on 29.4.2007 we allow the persons who had booked, i.e. 39 marriages, upto 4.1.2007 as people who have booked the space will suffer as it may not be possible for them to make alternative arrangement in the immediate future. This permission is being granted subject to the condition that the persons who had booked for these marriages as well as the NDMC shall ensure that the space after marriage which is full of heaps of garbage, stinking smell and attract vultures and stray dogs in the park which is an ornamental park in the city, is cleaned, disinfected and also fumigated positively by 6 a.m. This shall also ensured by the S.H.O. and D.C.P. of the area. They shall also ensure that no music is allowed beyond the permissible time of 10.30 p.m. and beyond the permissible decibel level and traffic of the roads is allowed and managed to flow smoothly. If any person complains against the deficiency both the persons who had booked this space as well as the NDMC, S.H.O. and the DCP shall suffer the consequences arising out of Section 27 of the Consumer Protection Act.

PUBLIC servants should serve the interests of public at large. But as we have observed that they are considering themselves as overlord of the affairs and masters because they are not accountable, may be for the reasons of indifferent and insensitive attitude of their superiors. To meet the ever growing need NDMC should construct community centres for conducting such functions if they want to earn money. They cannot put the public park and open places and lungs of the city to be trammelled upon by thousands of persons who attend marriages, Melas, private events turning the place into source of stink and stench and health hazards for morning walkers or players. This order shall form part of the main order dated 4.1.2007 for every kind of purpose including the purpose of filing appeal or writ or any other legal remedy against the main order. Copy of this order be given dasti to the Secretary, NDMC and sent to S.H.O. of P.S. Mandir Marg and D.C.P., New Delhi today itself. Ordered accordingly.