K K Sharma vs Govt. of NCT of Delhi

Application is registered based on a complaint received by Post

Mr. K K Sharma, former Assistant Commissioner of Police, resident of House No. 80 and other residents of Gujranwala Town Part-2, Delhi have sent the present letter petition seeking intervention by this Tribunal to stop and disallow construction of Gurdwara (Porta Cabin) in Government Land (MCD park) and prevent encroachment of Government Land (MCD Park) and consequential cutting of trees.

The applicant has submitted that RWA in collusion with a religious group has given NOC for construction of a Gurdwara by way of installation of a Porta Cabin in the park. The said act of the RWA is contrary to the guidelines laid down by the Government and verdict of the Hon’ble Supreme Court. Even in the MCD layout of the colony the permissible use of the land area in question is that of a Public Park. Construction of the Gurdwara will not only result in encroachment of the Government land but will also consequentially lead to cutting of 80-100 small and big trees and will be violative of the basic right of the residents to use the public park.

The applicant has also mentioned that RWA has already converted two big parks of the colony into parking areas to meet the parking requirements thereby depriving children and the senior citizen of the basic right of using those parks.

Vide order dated 19.05.2022, this Tribunal constituted a Joint Committee comprising of the DPCC, Commissioner, Municipal Corporation, Delhi and Deputy Commissioner (North-West), Delhi and directed the same to submit factual and action taken report within two months. The relevant part of the order reads as under:-

“On due consideration of the matter, we are of the view that the allegations made in the present letter require due verification and immediate remedial action. Accordingly, we constitute a Joint Committee of the DPCC, Commissioner, Municipal Corporation and Deputy Commissioner (North-West), Delhi and direct the Joint Committee to meet within four weeks, undertake site visits, look into the grievances of the applicants and take requisite action by following due process of law. The DPCC will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within two months by e-mail at [email protected]  preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.”

In compliance thereof, the Joint Committee inspected the site on 27. 07.2022 and has submitted report dated 27.07.2022 which has been forwarded by Senior Environmental Engineer, DPCC vide email dated 8. 08.2022. The relevant part of the report is reproduced as under:-

“JOINT INSPECTION REPORT

Reference No:- OA No. 351/2022 in the matter of "K.K. Sharma Vs. Govt. of NCT Delhi.

A joint inspection of the park near H.No. 80, Gujranwala Town Part-2 was carried out today i.e. on 27.07.2022 by the officials of Revenue department, MCD and DPCC. Observations/findings of inspection are as under:

No construction of Gurudwara (Porta Cabin) in the government land (MCD park)/ encroachment in park was observed/traced _out as alleged by the petitioner in his complaint.

During inspection, it was informed by the MCD officials/representatives that a request to construct the Gurudwara (Porta Cabin) was received to them and the same was rejected by the concerned officials of the department.

Some C&D waste was found dumped in the right corner of the park. (Latitude: 28.6960 Longitude: 77.1912)

MCD representative was asked for taking necessary action to remove the dumped waste from the site.”

Factual and Action Taken Report has also been filed on behalf of DPCC by Senior Environmental Engineer. The relevant part of the same is reproduced as under:

“4. That during the inspection, no construction of Gurudwara (Porta Cabin) in the government land (MCD park)/ encroachment in park was observed/ traced out as alleged by the petitioner in his complaint.

That during the inspection, it was informed by the MCD officials/ representatives that a request to construct the Gurudwara (Porta Cabin) was received to them and the same was rejected by the concerned officials of the department. Copy of letter provided by the Delhi Municipal Corporation is annexed as Annexure-B.

That some C&D waste was found dumped in the right corner of the park. (Latitude: 28.6960 Longitude: 77.1912) and that the MCD representatives were asked for taking necessary action to remove the dumped waste from the site and submit Action Taken Report accordingly.

That the Deputy Director, Horticulture, Municipal Corporation of Delhi has submitted Action Taken Report dated 29.07.2022 and informed that C&D waste is removed in the park and attached photograph for the same. He has further informed that request for construct of Gurudwara (Porta Cabin) received by the MCD was rejected by the concerned officials of the department. Copy of Action Taken Report dated 29 07.2022 along with its enclosure is annexed as Annexure-C.

That the above status report/ action taken report may please be taken on record.”

None has appeared on behalf of the applicant to dispute correctness of the reports of the Joint Committee and DPCC.

In view of the report that request for construction of Gurdwara (Porta Cabin) received by the MCD was rejected by the concerned Officials of the Department and also that no such encroachment has been made and no such construction of Gurdwara (Porta Cabin) is being raised, no further action is required to be taken on the present application which is disposed of accordingly.