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Judgment
This application seeks execution of order dated 10.07.2015 passed by this Tribunal in O.A No. 60/2014.
By the said order, the Tribunal dealt with violation of environmental norms by M/s Jhankar Banquets, the project proponent (PP) operating near the Asiad Tower, adjacent to Siri fort complex, Delhi. The violation alleged was misuse of 18500 sq. mtrs area for commercial activity in violation of the Master Plan. The Tribunal framed following issues:-
“1. Whether the letter dated 18-12-1997 would confer any right of license on the third respondent in respect of the green area in the district park to the extent of 18500 sq. mrts:
Whether the issue raised in this case has already attained finality:
Whether the third respondent is entitled to exclusive use of 18500 sq. mtrs around Asiad Tower Restaurant for the marriages and parties or the green area is liable to be used by public for recreation also:
To what other relief the parties are entitled to?”
On consideration of the matter, the Tribunal held that the area of 18500 sq. mtrs around Asiad Tower Restaurant could be used only ten days in a month and on remaining days, public can use the area as green area subject to policies of DDA. Operative part of the order of the Tribunal is as follows:-
“1. The third respondent shall be entitled to use the green area to the extent of 18500 sq mtrs around the Tower restaurant for marriages, parties, etc., not more that 10 days in a month and subject to the condition that it shall also run the Tower Restaurant and pay all necessary lease and license charges in accordance with the terms and conditions of lease and license to be executed.
It will be open to the second respondent to execute the necessary license deed in favour of the third respondent regarding the use of 18500 sq mtrs of green area around Tower restaurant subject to the above conditions and other conditions as may be stipulated by it.
The second respondent shall ensure that the third respondent complies with all the conditions of lease/license and take appropriate action on violation of the same.
The third respondent shall be responsible for the conduct of anyone permitted by it to use the green area for any recreational activities regarding the adherence of standards of noise level as prescribed by DPCC both during day and night hours. In the event of the limit being exceeded either by loud speakers or by use of crackers, the SDMC, DPCC and local police shall take immediate action including criminal prosecution. This direction is needed to protect the interest of senior citizens, children and unhealthy persons undergoing medical treatments, as right to life includes decent living with peaceful conditions guaranteed under the constitution of India and repeatedly insisted by the Hon'ble Supreme Court of India.
The third respondent shall not be permitted to put any permanent structures in the green area and even the temporary structures erected for recreation shall be removed immediately and while doing so ensure that no damages are caused to trees, green area or land in the surrounding area.
The second respondent shall permit public including the members of applicant association in the remaining 20/21 days to be used as lung space however with usual conditions as may be imposed by it as the policy.
The third respondent shall ensure that vehicular parking is regulated properly on the roads adjourning the green area and in the surrounding areas during the times of marriages and parties.
In the event of failure of the third respondent in ensuring any of the IN above conditions the second respondent shall take all appropriate legal actions in accordance with the terms of lease and license and in accordance with the law.”
The above order was modified on 31.07.2017 on application of M/s Jhankar Banquets as follows:-
“24. As a result while confirming the findings of this Tribunal on various points recorded, we are of the opinion that the ban imposed by this Tribunal by the Judgment under review restricting the use of the land measuring 18500 sq.mtrs by the Respondent No. 3 for a limited period of 10 days in a month needs to be modified and we permit him to utilise the land in terms of the licence granted by DDA un-interrupted.”
According to the Execution Application, the PP is not following the conditions of licence and not tower restaurant which is a condition for using the open area. Stand of the PP and DDA was that premises of the PP having been sealed in the light of order of Hon’ble Supreme Court in MC Mehta v. UOI, (2004) 6 SCC 588 read with (2006) 3 SCC 399 dealing with the issue of action for use of premises contrary to master plan, no further order could be passed.
Vide order dated 18.11.2019, the Tribunal deferred the matter pending outcome of above proceedings.
When the matter has been taken up today, it has been brought to our notice by the PP that a committee of former judges appointed by Hon’ble Supreme Court in W.P (c) 4677/1985, M.C Mehta v. UoI, has since passed order dated 16.02.2022 directing de-sealing of the premises. Thus, no violation was taking place and no order is called for.
However, learned Counsel for the applicant submits that since tower restaurant is not functional, there is violation of condition for use of the green area.
Learned counsel for DDA states that she does not have updated instructions in the matter. The allegation will be looked into and if there is violation of conditions, action will be taken as per orders of this Tribunal.
In view of above, we dispose of the Execution Application by directing DDA to verify the factual position and ensure that conditions for use of green area i.e. running of the tower restaurant are duly observed.
A copy of this order be forwarded to the DDA by email for compliance.