SC stays NGT order prohibiting social functions in public parks

Update: 2021-08-02 19:39 GMT

New Delhi: The Supreme Court on Monday stayed an order of the principal bench of the National Green Tribunal, which had prohibited social, cultural, commercial, religious or marriage functions to be held in public parks of the National Capital.

The bench of Justices Indira Banerjee and V Ramasubramanian was hearing a petition against the order of the NGT filed by the North Delhi civic body and the South Delhi Municipal Corporation. The NGT had referred to an earlier Delhi High Court order, directing that such activities' prohibition be enforced strictly.

The High Court had in 2018 ruled that allowing such social and cultural and other kinds of functions in public parks across the Capital would result in the degradation of the environment within and would deprive members of the general public of the right to access and use the parks as they are meant to.

The Delhi High Court had passed these orders in a plea challenging the Delhi Development Authority's decision to allow Ramlila shows in a public park of Janakpuri in West Delhi.

Solicitor-General Tushar Mehta appeared in the top court on Monday, on behalf of the NDMC, and argued that public parks have for long been used for Ramlila functions and Dussehra festivities and that the NGT had passed the order without issuing notice.

"There are certain sections of the society who cannot afford halls and party plots.Of course, the 10 days per month limit is sacrosanct; but it is the order of the Supreme Court that would hold the field," the S-G said, according to legal news website LiveLaw.

The top court went on to issue notices in the appeals filed by the civic bodies and ruled that in the meantime, civic bodies, the NDMC and DDA must follow the Delhi High Court directions on allowing such functions only for 10 days per month.

In the order that has now been stayed by the top court, the NGT had directed the Delhi Pollution Control Committee to take action such "illegal and unauthorised" use of public parks and enforce norms accordingly.

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