Delhi HC allows Dussehra celebration amidst toxic air concerns

Delhi HC allows Dussehra celebration amidst toxic air concerns

The Delhi High Court has voiced its concern about the deteriorating air quality in the national capital. However, it also emphasized the importance of not overlooking the significance of "socio-cultural activities" like Dussehra.

The court noted that citizens in Delhi have been vocal about their distress, describing the situation as choking. Over the past few years, the air quality in the city has reached extremely hazardous levels, making it challenging for people to endure.

The court emphasized that the residents of Delhi are struggling to breathe, making it a collective responsibility not only for government agencies but for every individual to make efforts to protect the city. It urged everyone to become active participants in the "Saviours Of Nature" brigade.

The division bench consisting of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made these comments while granting permission to Janakpuri's Shri Ram Leela Committee to celebrate Dussehra at the district park until October 30th.

The court acknowledged that there have been concerns raised about hosting socio-cultural and religious events in district parks, which have resulted in environmental pollution, traffic congestion, and significant harm to trees.

However, it added, “but the significance and importance of these socio-cultural activities cannot be ignored or overlooked. 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.”

In the Janakpuri District Park's case, the court stated that the utilization of 40,000 square meters of the District Park as a multipurpose ground aligns with the provisions of the Master Plan, Delhi-2021.

The court also considered the fact that the plot of land had remained unused and devoid of grass, with only a few trees along the periphery, as it was originally designated for use as a multipurpose ground.

The court mentioned, "It is acknowledged that Shri Ram Leela has been allowed to take place in previous years through interim orders by a Division Bench in 2018 and 2019, as well as by a learned Single Judge in 2022. These permissions were granted due to unique circumstances, particularly because the appellant has been organizing Ramleela on the same grounds for nearly 30 years, without establishing any legal precedents or equities."

Given that there have been no significant changes in circumstances since the issuance of previous orders, the court granted permission for "Dussehra/Ramleela" celebrations on the ground, contingent upon adherence to prescribed norms and regulations.

The court, in concluding the case, directed the appellants to take all necessary measures to ensure that the existing green cover and trees on the ground are not damaged or harmed in any way during the celebrations.

Case: Shri Ramleela Committee, Janakpuri & Anr. Vs. Rishu Kant Sharma & Ors, LPA 637/2023.

 

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