Delhi High Court Gives Nod For Establishing Mohalla Clinic In Public Park, Directs Maintenance Of Remainder Part As Green Area

The Delhi High Court has recently given its nod for establishment of Mohalla Clinic in a public park situated in city's Kalkaji area, observing that the project would be beneficial to the residents of the locality.

Further adding that the project must be implemented as per the proposed plan in public interest, Justice Yashwant Varma directed the authorities (Delhi Government and PWD) to take emergent and simultaneous steps to ensure that the green area adjacent to the clinic is also developed.

"The Court thus observes that while permitting the respondents to construct the Mohalla Clinic, it also takes note of their obligation to ensure that the remainder part of the plot in question is duly developed and maintained as a park/green area and the initial directions as contained in the order of the Court are also complied with," the Court ordered.

The petition alleged that the park which had come to be created pursuant to directions issued by High Court in an earlier writ petition, was being used for unauthorized purposes.

The Court on 17 February this year, had permitted the respondent authorities to proceed with the construction of the Mohalla Clinic and not encroach upon any park or green area.

Thereafter, on 16 March, the Court further took on board the statement made on behalf of the respondents that they were not encroaching upon or utilizing any designated park or green area for the purposes of construction of the Mohalla Clinic.

The Court noted that the earlier writ petition was instituted at a time when a private party had encroached upon a piece of government land and had started utilizing the same for parking purposes.

Thus, the Court had taken note of the complaint and issued directions for removal of all encroachments and for the entire area in question being developed as a park.

"However, by the time the present writ petition came to be preferred and as would be evident from the photographs placed along with the status report filed on behalf of the fourth respondent, no vestige of a green area or a park remains. As those photographs would indicate, the entire area has clearly fallen into disuse and appears to have been converted into a garbage dumping zone," the Court noted.

The Court was of the considered opinion that the establishment of a Mohalla Clinic and the creation of an attendant green would not only lead to the resurrection of the plot itself but also add a useful public facility which would be of immense use to the residents of the entire locality.

"The implementation of the entire project as proposed by the respondents would not only add a useful amenity for the members of the locality, it would also subserve the original directions which were issued. As the Court views the maps which have been placed on the record, it is evident that the clinic would only take up a part of the entire plot. Additionally, the respondents also propose to create a green area over an adjacent plot," the Court said.

The Court was further of the view that the establishment of the clinic will not militate against that objective especially when only a part of the entire plot was proposed to be utilized to establish that clinic. It added that the steps which the respondent authorities proposed would be in accord with public interest and would clearly not fall foul of any direction that the Court may have issued.

"The Court additionally notes that the directions framed by the Court while disposing of the earlier writ petition had clearly not been complied with since although initially a park/green area may have been created, it clearly fell into disuse and was never maintained. That mistake cannot be permitted to be made again. The respondents are duty bound to ensure that the park/green area is duly developed as per the plan submitted and acts as a useful adjunct to the clinic itself," the Court observed.

The Court thus directed the authorities to file a further status report within a period of two months, which shall also carry pictorial evidence of regeneration of the plot and area surrounding the Mohalla Clinic.

The matter will now be heard on October 27.

Case Title: KAILASH GUPTA v. GOVT OF NCT OF DELHI & ORS.

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