No Vested Legal Right To Allotment Of Public Site By Merely Making Online Booking: Delhi High Court

The Delhi High Court has observed a vested legal right for allotment of a public site/public park does not arise merely because the site has been booked online by paying the required amount.

“There is no vested legal right to allotment of a public site or park by merely applying ‘online’ followed by payment of the booking amount.”

The petitioner, Purvi Delhi Vaidehi Trust has booked a public park for holding religious functions and had paid an amount of around Rs. 2.3 lakhs towards the booking. The petitioner-trust wanted to hold Janmashtami, Dussehra, Durga Pooja, Navratra etc from 29.08.2024 to 18.09.2024.

The respondent-DDA however cancelled their booking, stating that as per a Supreme Court order, no use of parks is permitted for more than 10 days in a month. In this petition, the petitioner-trust thus sought revival of the booking by them for holding religious functions.

DDA opposed the petition and contended that merely paying the amount would not lead to allotment of the said site for holding functions. The DDA’s counsel referred to the Supreme Court case of North Delhi Municipal Corporation v. President Budhela Welfare Association & Anr (Civil Appeal Diary No (s). 15182/2021), where the court had directed to follow its order in Mehta vs. Union of India, (2009) 17 SCC 683, with regard to use of public parks. In MC Mehta, the Court had held that public parks cannot be permitted to be used for more than 10 days in a month.

Justice Dharmesh Sharma agreed with the DDA that there is no vested legal right to hold any functions at public parks.

The Court stated that public functions cannot be permitted at the public parks except as per the Supreme Court order. It further noted that factors such as nature and extent of park, its ornament value and the environmental impact of functions on the park have to be considered.

“Ex facie, there is merit in the submissions advanced by the learned counsel for the respondent/DDA that when it comes to organizing functions at public parks, there is no legal right vested with anyone to hold any social or public functions at such site except as per the aforesaid decision for not more than 10 days and also having regard to the other objective parameters such as the nature and extent of park, its ornamental value, impact on the environment in the nature of damage to the tree and/or plantation, hazards to the birds, and noise pollution, parking issues etc.”

In the present case, the Court remarked that the petitioner-trust applied for the booking under the wrong category without even knowing for the purpose for booking. It noted that the festivals and the date of booking did not align. It thus stated that the petitioner-trust did not provide a clear indication as to what celebration the park would be used for.

Further, it also observed that there was no unreasonable delay on part of DDA to cancel the booking.

The Court thus dismissed the petition.

Case title: PURVI DELHI VAIDEHI TRUST (PDVT) vs. DELHI DEVELOPMENT AUTHORITY W.P.(C) 12585/2024 & CM APPL. 52366/2024)

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