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 MC 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.
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