Public park not meant for vehicle parking, says HC while ordering restoration of Sultanpuri park

The bench warned officials of the North Delhi Municipal Corporation of strict action and said they cannot shy away from regular duties -- the park has to be cleaned on a regular basis and not just “once in a blue moon”.

The Delhi high court on Tuesday came down heavily on civic body officials for not stopping the illegal vehicle parking at a children’s park in Sultanpuri and said it was their duty to ensure that such public spaces remain free of encroachments.

The high court bench of chief justice DN Patel and justice Prateek Jalan was hearing a plea seeking the removal of encroachments from a municipal park in Block P-4, Sultanpuri.

The high court bench of chief justice DN Patel and justice Prateek Jalan was hearing a plea seeking the removal of encroachments from a municipal park in Block P-4, Sultanpuri. Petitioner Dilshad Siddique, through his advocate Javed Ahmad, told the court that the authorities have failed to act against the illegal encroachments upon the children park’s and the adjacent public road despite repeated complaints.

The bench warned officials of the North Delhi Municipal Corporation of strict action and said they cannot shy away from regular duties -- the park has to be cleaned on a regular basis and not just “once in a blue moon”.

“Let a park remain a park, it cannot be made into a parking. We will take strict action against your officials,” the bench told the north civic body counsel, while directing that immediate steps be taken to remove the encroachments from the park.

Siddique had contended that the fundamental rights of people, particularly of children, are being infringed upon on account of “illegal, arbitrary and unconstitutional action of the respondents ( municipal corporation)”.

“Helpless children have been deprived of their fundamental rights to use the public park for recreation. Even the public at large is facing difficulties and harassment as the public road leading to Nangloi remains blocked or extremely congested due to unauthorised or illegal parking of vehicles coming to the fish market (sic),” the plea read.

Appearing for the north corporation, advocate Mansi Gupta, told the court that action has been taken and the encroachments had been removed once previously. However, the court said that clearing encroachments and keeping an area free of encroachments is not a single-day affair; rather, it was a continuous one.

“ The officer should know what work has to be done to keep it safe. It is not a single-day affair but rather a continuous effort,” the bench said.

According to Siddique, on August 21, he had sent a complaint to the station house officer of Sultanpuri and the deputy commissioner of North corporation, communicating that illegal and parking of vehicles in the park was depriving the public of conveniences.

He said he again sent a representation on August 31 apprising the respondents of the situation, the plea said.When still no action was taken, Siddique moved the Delhi court with the present plea.