MCD amends park rules in Delhi: Ornamental parks with 5-year event history can host social, religious functions | India News

The Municipal Corporation of Delhi (MCD) has relaxed its blanket ban on the use of its “ornamental parks” for socioreligious functions, allowing such parks to be considered for events if they have been used continuously for such events for at least five years. This changes in rules comes ahead of the festive season when such parks are used as venues for Ramleelas and other related events. Concerns have previously been raised over damage to greenery and property when such events are hosted in such spaces.However, the amended policy, approved on September 29, does not open all ornamental parks for bookings. Clause 2(iii) of a resolution dated July 16, 2013, therefore, now says: “No New Ornamental Park will be booked. However, if any ornamental park is being booked continuously for at least 5 years (Proof of booking is to be submitted), the same will be allowed for booking.” A subsequent circular issued on August 22, 2013 has also been amended.Prior to this, the rules allowed long-standing religious functions in parks but prohibited booking of green ornamental parks.An official said the amendment would preserve the restriction on introducing new ornamental parks into the booking system, while allowing existing ornamental parks with a five-year demonstrable booking history to be considered for religious functions.Jawahar Park case prompts policy changeThe amendment specifically refers to the case of Jawahar Park in D-Block, Model Town, which had been booked for Ramleela by the Dharmik Leela Committee since 2006. The park was later developed as an ornamental park, and the committee approached the MCD for permissions.Under MCD, an ornamental park is a green space designated and beautified by the horticulture department strictly for environmental aesthetics and walking among others. MCD manages over 15,000 parks in Delhi spread over an area of more than 5, 000 acres. Of this, 5,945 are ornamental parks.Officials said that proposed relaxation does not mean that all ornamental parks will automatically become available for functions. “The five-year condition and documentary proof remain central to the proposed amendment. The existing requirements concerning permissions and protection of park infrastructure also continue to be relevant,” the official quoted above added.NGT, Supreme Court have restricted park eventsThe controversy over use of Delhi’s parks for religious and social functions has a longer history. In February 2021, the National Green Tribunal (NGT) ordered a total ban on using public parks and open spaces in Delhi for marriages, social functions, and commercial events, holding civic bodies, such as the MCD and Delhi Development Authority accountable. It was hearing petitions from residents welfare associations (RWAs), highlighting significant environmental degradation and damage to greenery.In August 2021, the Supreme Court stayed the complete ban, but ruled that parks can only host functions if they strictly follow past guidelines set out by the court in MC Mehta vs Union of India (2009). They capped usage at a maximum of 10 days per month.This year the NGT reiterated the restrictions in an order dated July 27. “We direct that whenever an application for allotment of park is made for religious purposes, the same is required to be considered in accordance with law keeping in view the circular dated 22.08.2013 and duly following the judgement of the Hon’ble Supreme Court in the matter of M.C. Mehta.”Legal opinion leads to five-year exceptionOfficials said that the matter of Jawahar Park was referred to MCD counsel following the NGT order. The legal opinion was that the existing Clauses 2(i) and 2(iii) were in conflict: The first recognised parks where religious functions had been held for at least five years, while the second categorically prohibited ornamental parks. The horticulture department consequently proposed modifying the clause to create the five-year exception.“This had created a practical problem for long-running Ramleela events whereby a park could have a history of being used for a religious function for several years, but its classification as an ornamental park could nevertheless prevent it from being booked,” the official quoted above added.RWAs seek safeguards for greeneryAtul Goyal, United RWAs Joint Action, Delhi (URJA) president, said most of the green ornamental parks are “painstakingly” maintained by local communities and efforts must be made to ensure that greenery is not damaged. “A balance has to be maintained between all stakeholders. There are lots of barren park grounds some of which are also being used as parking. Such parks should be prioritised for allocation. Ornamental parks with greenery should not be disturbed ideally but if permission is granted local community members must be part of panels and mechanism to ensure that plants are not damaged and waste not left behind in the park. Signboards indicating responsibility of organisers be put up so that people can check the compliance,” he added.