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Judgment
Grievance in this application is against abuse of a public park near House No. 162 at Bal Mukund Khand, Govind Puri, Kalkaji, New Delhi, for private functions, depriving other citizens from using the same.
We are of the view that the matter needs to be dealt with as per directions of the Hon'ble Supreme Court in M.C. Mehta vs. Union of India (2009) 17 SCC 683.
Based on the above, the Tribunal passed order dated 04.02.2021 in OA No. 515/2019, President, Budhela Welfare Association vs. Govt. of NCT of Delhi. However, an appeal has been preferred against the said order by the North Delhi Municipal Corporation being Civil Appeal Diary No(s). 15182/2021, North Delhi Municipal Corporation vs. President Budhela Welfare Association & Anr., wherein following order has been passed:
"Issue notice to the respondents.
Mr. Tushar Mehta, learned Solicitor General of India appearing on behalf of the appellants submits that the judgment and order under appeal has been passed without notice to the appellants North Delhi Municipal Corporation (CA D. No. 15182 of 2021) and the South Delhi Municipal Corporation (CA D. No. 15754 of 2021). Accordingly, there will be 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 reported in (2009) 17 SCC 683 with regard to 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."
In view of above, the South Delhi Municipal Corporation may look into the matter and take appropriate action in accordance with law.
The application is disposed of.
I.A. No. 229/2021 also stands disposed of.
A copy of this order be forwarded to South Delhi Municipal Corporation by e-mail for compliance.