SC stays NGT order prohibiting use of parks for social, cultural functions

New Delhi: The Supreme Court has stayed a National Green Tribunal order prohibiting the use of parks for social, commercial, marriage or other such functions.

A bench comprising Justices Indira Banerjee and V Ramasubramanian said however that in no circumstances, the use of parks be permitted for more than 10 days in a month.

The order was passed on the petitions filed by the municipal bodies against the February 4 order of the NGT.

Solicitor General Tushar Mehta, appearing for North Delhi Municipal Corporation and the South Delhi Municipal Corporation, submitted that the judgment has been passed without notice to the appellants.

“Issue notice to the respondents. 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 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,” the bench said.

The NGT in its February order had directed the Delhi Pollution Control Committee (DPCC) to ensure that no park is used for holding any social, cultural, commercial and marriage or other functions in the national capital.

It had referred to the Delhi High Court orders prohibiting the use of parks and said the Delhi Development Authority and the civic bodies will be held accountable for the violation.

“Let the DPCC take further action in accordance with law in the light of grievances of the applicant by maintaining vigil and preventing violation of environmental norms, following due process of law,” the NGT had said.

The green panel had said that in view of the high court order and the directions of DPCC, no park can be used for social, cultural, commercial, marriage or other functions and the Executive Engineer (Horticulture) of DDA and the MCD will be accountable for the violations.