Difficult to survive in Delhi due to toxic air quality: Delhi High Court permits Dussehra celebration at district park

The Delhi High Court on Thursday expressed concern over the worsening air quality in the national capital but in the same breath said that the significance of “socio-cultural activities” like Dussehra cannot be overlooked [Shri Ramleela Committee, Janakpuri & Anr v. Rishu Kant Sharma & Ors]. ."We are Choking” is the cry of citizens in Delhi where the air quality in the past few years has skyrocketed to such toxic levels that it has become difficult to survive, the Court stated.“The residents of Delhi are gasping for breath which makes it a duty not only of the government agencies, but also requires concerted effort of every individual to make an endeavour to save the city and each be the active brigade of 'Saviours Of Nature',” the Court said.The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observations while allowing Janakpuri’s Shri Ram Leela Committee to celebrate Dussehra at the district park till October 30. .The Court noted that concerns have been expressed that holding of such socio-cultural religious programmes in the district parks leads to environment pollution, traffic congestion and also causes serious damage to the trees.However, it added,“But the significance and importance of these socio-cultural activities cannot be ignored or over looked. What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”.In the Janakpuri District Park’s case, the Court said the use of 40,000 square meters of the District Park as a multipurpose ground is permitted under the Master Plan, Delhi-2021.The Court also took into account that the plot of land was lying barren, with no grass and a few trees around the periphery since it was intended to be used as a multipurpose ground.“Admittedly, Shri RamLeela has been permitted to be held, without creating any equities or precedent, by way of Interim Orders by Division Bench in 2018 as well as 2019 and by the learned Single Judge in the year 2022, because of the peculiar circumstances, as the appellant has been conducting Ramleela on the same ground for the last about 30 years,” it added..Considering there has been no change in circumstances since previous orders were passed, the Court allowed “Dussehra/Ramleela” celebrations on the ground subject to compliance with norms.“The appellants shall ensure that no damage or harm is caused to the green cover/ trees already existing in the ground,” the Court said while disposing of the case.Senior Advocate KK Manan and Advocates Sanjay Rathi, Uditi Bali, Ajit Singh, Kanishka and Karmanya represented the appellants.Advocates Kanwal Chaudhary, Pratima N. Lakra, Mukesh Gupta, Raghav Gupta, Ishant Sehrawat and Manika Tripathy represented the respondents.[Read Judgment]