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Bindapur Dda Flats Residents Welfare ... vs Union Of India & Ors on 19 December, 2022

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                             $~124
                             *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +       W.P.(C) 17242/2022 & CM APPLs. 54826/2022, 54827/2022
                                     BINDAPUR DDA FLATS RESIDENTS WELFARE SOCIETY
                                                                             ..... Petitioner
                                                  Through: Mr. Anduman Upadhyay and Mr.
                                                           Aditya, Advocates

                                                        versus

                                     UNION OF INDIA & ORS.                             ..... Respondents
                                                   Through:        Mr. Jatin Singh, Advocate for UOI
                                                                   Mr. R.K. Dhawan, SC for DDA with
                                                                   Mr. Vinod Teng and Ms. Vanshika
                                                                   Agarwal, Advocates for DDA

                             CORAM:
                             HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                               ORDER

% 19.12.2022

1. The present petition has been filed seeking directions to the Respondent, DDA and its agents to de-list the Community Room bearing DP 11 to DP 14 located beside GH10, adjacent to the Dispensary in DDA Flats, Pocket-III, Block-D, Bindapur, Dwarka, Delhi ('Community Room') from the list of community halls made available for online booking for marriage functions on the official website of DDA; and to further restrain Respondent, DDA from letting out the community room for marriage functions or any other social or cultural functions.

2. The petition seeks a direction to Respondent DDA to put each of the floors of the community room to their approved use as sanctioned in the Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 20:48:29 statutory lay out plan, approved in the 314 meeting of the Screening Committee held on 17.05.2014. The approved use of the Community Room as per the sanctioned plan has been set out at paragraph 2 of the writ petition.

3. The learned counsel for the Petitioner states that the Community Room is being let out by Respondent DDA to persons, who are not even resident of the DDA Flats, Pocket-III, Block-D, Bindapur, Dwarka, Delhi. He states that letting out of the Community Room for marriage functions and cultural functions is contrary to sanctioned use.

4. He states that the Community Room has been illegally converted into a 'Baraat Ghar' against its sanctioned use. He states that the ground and first floor that together let out to one party and simultaneously, second and third floors are together let out for another party for conducting marriage functions at the same time. He states that the marriage functions leads to chaos in the neighbourhood making the lives of the residents unbearable. He states that loud DJ Music is played inside the Community Room at high decibel levels beyond the permissible time limits. He further states that the local police fails to intervene to stop the playing the music beyond the permissible time limit. He states that when the function is being held the wedding organiser place diesel generator sets in the Community Centre, there is cooking of food by the caterers and several attendant issues such as loud speakers, cleaning of heavy utensils late in the night and parking of 200 to 400 vehicles in the vicinity due to the guests attending the functions. He states that these functions are unrelated to the unresidence and are hosted by persons who do not reside in the neighbourhood. He states that the said non-sanctioned use of the Community Centre by DDA as a 'Baraat Ghar' is illegal and is causing great inconvenience to the residence.

5. Issue notice. Learned counsel accepts notice on behalf of the Respondent nos. 2 to 6.

6. At request of the learned counsel for the Petitioner, Respondent no. 1 is deleted from the array of parties, he, however, prays that DCP Licensing may be impleaded as a party, since, the license to play DJ music in such functions is granted by the said DCP Licencing.

7. He also prays that the concerned SHO of the area may be impleaded as a party, since the obligation to ensure that the DJ Music is not played beyond the prescribed hours falls with him and it is the grievance in this petition that repeated calls made to the police station have not seen any response from the local police.

8. Accordingly, at the oral request of the learned counsel for the Petitioner DCP licensing and concerned SHO impleaded as Respondents. Amended memo of parties be filed by the Petitioner.

9. Issue notice to the newly impleaded respondents through standing counsel.

10. Learned counsel for Respondent nos. 2 to 6 seeks four weeks' time to file his reply.

11. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

12. List the matter on 29.03.2023.

13. This is an application filed by the Petitioner seeking an interim direction restraining the Respondents from letting out the Community Room from conducting marriage functions or any other social or cultural functions.

The application seeks direction to the Petitioner to use of each specific floor as per the sanctioned Layout Plan duly approved in the 314th meeting of the Screening Committee held on 17.05.2013 vide File No. F.3 (77)/HUPWA/SA(AZ&D)/DDA.

14. The sanctioned use of the Community Room has been set out in paragraph 2 of the writ petition and substantiated by Annexure P-2 and P-3. The learned counsel for Respondent no. 2 to 6 do not dispute the said facts. The Petitioner has also placed on record the order dated 19.04.2022 passed by Delhi Pollution Control Committee (DPCC) an online complaint dated 11.03.2022 made by one of the residents, wherein the DPCC has directed Respondent no. 2 to inter-alia stop operation banqueting with immediate effect.

15. The distress caused to the residents due to the marriage functions and other cultural functions held at the Community Centre has been set out in detail in the petition.

16. Pending the reply of the Respondents no. 2 to 6, this Court hereby directs the Respondents no. 2 to 6 to not accept any further bookings for conducting marriage functions or any other functions at the Community Centre, till the next date of hearing. To ensure due compliance of the aforesaid direction, DDA is directed to forthwith remove the listing/availability of the said community hall from its online booking system.

17. The Respondent is directed to place on record the details of the dates for which the Community Room has already been booked along-with the counter affidavit.

18. In the meantime, Respondent, DDA shall use each specific floor of the Community Room only as per the use sanctioned in the Layout plan approved Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 20:48:29 in the 314 meeting of the Screening Committee held on 17.05.2013.

19. List the matter on 29.03.2023.

MANMEET PRITAM SINGH ARORA, J DECEMBER 19, 2022/rhc Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 20:48:29