Delhi HC questions need for building gazebo in Nizamuddin West park

India Legal — Wed, 23 Dec 2020 14:29:53 +0000

The Delhi High Court on Wednesday questioned the construction of a gazebo in a tiny park by the municipal corporation in a residential colony situated in Nizamuddin West, New Delhi.

A single-judge bench of Justice Najmi Waziri asked the Delhi Government, the Municipal Corporation and other respondents in the matter to not to proceed further with the said construction and directed them to file their replies. The Court has listed the matter for further hearing on May 5, 2021.

The Court has noted in its order that the maintenance of parks in residential colonies is the duty of the Municipal Corporation. Since there was default by the corporation in this regard, the petitioner and the residents developed and have started maintaining the various parks dotting the colony for many years. Now, the Corporation has started some construction in one such park maintained by the residents. Despite repeated requests, the corporation has not shown any work order.

The Court was hearing the appeal filed by the Residents’ Welfare Association Nizamuddin West (Regd.) against the construction of setting up a gazebo in a tiny neighbourhood park. The petitioner association contended that the residents would rather continue to enjoy the unobstructed view of garden area outside their homes, without it being marred by a concrete structure. They said they don’t want the gazebo in their park.

The counsel appearing for the Corporation submitted that the gazebo is being set up under the directions of the learned National Green Tribunal and the construction is almost complete.

Justice Najmi Waziri said, in fairness, the corporation should have sought their views and preference, as it is ostensibly for their benefit. Their easement right is sought to be hindered by the said construction. Whether the said park has been identified as the one where a gazebo is to be set up is not clear, the Court questioned.

Also Read: Gauhati High Court allows MBBS admission for NIOS student, strikes down rule

The Court issued notice to the respondents and directed them to respond before next hearing. “It is expected that till the next date, the corporation will not take any further precipitate measures,” said the Court.

Central Government Standing Counsel writes to DelhiHC seeking suo moto cognisance of Markaz Nizammudin incident

India Legal — Wed, 01 Apr 2020 10:22:46 +0000

Central Government Standing Counsel Gaurang Kanth has written to the Chief Justice of Delhi High Court, calling the holding of religious congregation at Alami Markaz Banglewali Masjid at Nizamuddin West, Delhi, a blatant disregard of the notification issued by the Government.

The aforesaid religious congregation, as per reports was attended by more than 2000 people (which included foreign nationals from various countries including China, England, Bangladesh, Sri Lanka, Afghanistan, Indonesia, Malaysia, Thailand, Uzbekistan, Dubai and Saudi Arabia).

Mr Gaurang Kanth, is himself a resident of Nizamuddin East, and he has called this incident deeply disturbing and alarming.

In his letter, he has informed the Chief Justice that the said religious gathering was organized in violation of the order dated 16th March 2020 issued by the Health and Family Welfare Department of the Delhi Government, in accordance with the Delhi Epidemic Diseases, COVID-19 Regulations, 2020 under the Epidemic Diseases Act, 1897.

He has also written that these gatherings were also in violation of another order issued by the Office of the Commissioner of Police, New Delhi which was effective from 18 March 2020 wherein assembly of 5 (five) or more individuals was prohibited.

He also submitted that the officers were not aware of such a large gathering taking place in Nizamuddin East.

“However, despite the said orders being in place, the congregation could still be conducted shows carelessness and gross negligence of the State government and other officials including the District Magistrate – South East in handling this emergent situation at the Nizamuddin area”, the letter states.

He has further written that being a Central Government Standing Counsel, he requires requisite permission from the Central Government for filing an appropriate writ petition before this court on this issue.

However, the court can take suo moto cognisance of the situations and facts mentioned in his letter and pass appropriate press orders, directing for:

-taking appropriate action against the concerned officials for fatal negligence at the Nizamuddin area for contributing to the spread of COVID-19 across the country by failing to prevent such religious congregation;

-to take action against the organizers and participants of this religious congregation for compromising the safety of people and contributing to the spread of Corona Virus; and

-immediate action and remedial measures to be taken for curtailing and preventing the spread of COVID-19 in Nizamuddin area

He has also stated that the lapse of duty shown by the State Government machinery is inexcusable and unpardonable.

-India Legal Bureau

Pic Credit: Design Forum International

Nizamuddin West – India Legal

Delhi HC questions need for building gazebo in Nizamuddin West park

Central Government Standing Counsel writes to DelhiHC seeking suo moto cognisance of Markaz Nizammudin incident