Supreme Court stays NGT order prohibiting use of parks for social & cultural functions

The Supreme Court on Monday has stayed the NGT prohibiting the use of public parks in Delhi for social, cultural, commercial, marriage, or any other similar kind of functions. The hearing bench asserted that the use of parks for more than 10 days in a month is not permitted under any circumstances. 

Prohibition on the use of parks for social functions

A bench chaired by Justices Indira Banerjee and V Ramasubramanian was hearing the appeals made by the North and South Delhi Municipal Corporations against the order issued by the principal bench of the NGT. The order was previously passed on February 4 and prohibited the use of parks for holding any kind of functions. 

Earlier in 2018, the Delhi High Court passed the order which stated, 

...recreational and aesthetic uses of district parks ought not to be curtailed, by permitting them to be used for social, cultural, commercial or other functions etc., for the reason that the same has the effect of degrading the environment and undermining the utility of such parks as a source of recreation for the general public".

Solicitor General Tushar Mehta, appearing for the North Delhi Municipal Corporation and the South Delhi Municipal Corporation said that the judgement has been passed without notice to the appellants. According to them, the use of the parks should not be restricted keeping in view the need of society and ensuring the normal use of the parks

Later, after hearing on the case, the bench finally said, "Issue notice to the respondents. Accordingly, there will be the stay of operation of the judgment and order under appeal. It is made clear that the directions of the Court in M C Mehta vs Union of India about the use of parks shall strictly be adhered to, and in no circumstances, shall use of parks for the purposes as mentioned in the said judgment be permitted for more than 10 days in a month."

Delhi High Court prohibits the usage of parks

The Delhi High Court has previously passed an order prohibiting the use of parks in 2018. Later, the National Green Tribunal (NGT) in its February order directed Delhi Pollution Control Committee to ensure that no park is used for holding any social, cultural, commercial, and marriage or other functions in the national capital. 

It also referred to the Delhi High Court's order which prohibited the use of parks and said that the Delhi Development Authority and the civic bodies will be held responsible in case of any violation.

(Image Credits: PTI/Pixabay)