Delhi High Court tells DDA to consider allowing Janmashtami Mahotsav celebrations at District Park

The Delhi High Court has directed the Delhi Development Authority (DDA) to reconsider a request to hold Janmashtami Mahotsav celebrations at the District Park/ DDA grounds in Janakpuri, Delhi [Sahil Viklang Sahaytartha Samiti vs Delhi Development Authority]. .Justice Vikas Mahajan passed the order after noting that a 2018 court order, which had earlier led DDA to reject permission to use the park grounds for the Janmashtami celebrations, has since been modified to permit the conduct of such events. “The present petition is allowed and the respondent DDA is directed to consider petitioner’s booking request for the District Park/DDA Ground, at B-Block, Janakpuri, New Delhi (also known as Dusshera Ground) for organizing and celebrating ‘Janamashtami Mahotsav’, in accordance with rules,” the Court, therefore, ordered. .The DDA had earlier rejected a request for the use of the park to hold the celebrations, which mark the birth of Lord Krishna, citing a 2018 High Court order that restrained the DDA from permitting social, cultural, commercial, marriage or other recreational functions at the park. In the 2018 interim order, the High Court had arrived at a prima facie view that the recreational and aesthetic uses of district parks ought not to be curtailed by permitting social, cultural, commercial or other functions there."The DDA is restrained from permitting activities such as social, cultural, commercial, marriage or other functions etc. in the subject district park, till further orders," the High Court, therefore, directed at the time. In view of this, in April this year, the DDA refused to allow the booking of the district park grounds for the conduct of Janmashtami celebrations. .An organisation named the Sahil Viklang Sahaytartha Samiti challenged the DDA's decision before the High Court. Senior Advocate Kirtiman Singh appeared for the Samiti and submitted that the Court's 2018 order had been modified in 2022 after the Court was informed of the DDA's decision to notify a change in the permitted uses of the park. By the 2022 order, the Court's earlier 2018 order was modified to allow the use of the park/ DDA grounds for the conduct of Dusshera/ Ramleela celebrations. .The Court found force in this submission, noting that there has been a change in the land use of the concerned DDA ground to ‘Recreational (multi-purpose ground)’, following a meeting held by the then-Lieutenant Governor of Delhi in 2019.DDA's counsel, Advocate Manika Tripathy, did not dispute this position.In view of the above position, the Court disposed of the petition, by directing the DDA to reconsider the request for using the park grounds for Janmashtami celebrations. .Senior Advocate Kirtiman Singh with Advocates Mansimran Singh, Vishakha Ahuja and Neeraj Singh appeared for the Sahil Viklang Sahaytartha Samiti. Standing Counsel Manika Tripathy, with Advocates Tushar Sannu and Aman Kumar, appeared for DDA..[Read order]