Court emphasizes the importance of green spaces and public access while dismissing allegations of contempt by Mithlesh Solanki.
In a significant ruling, the Delhi High Court, under the stewardship of Justice Jasmeet Singh, has dismissed a contempt petition filed by Mithlesh Solanki against the Municipal Corporation of Delhi (MCD) and others. The petitioner had alleged willful disobedience of prior court orders concerning the access and environmental conservation of a public park in Village Asalatpur, Janakpuri.
The court examined allegations that saplings were uprooted and access to the park was restricted, which purportedly violated earlier orders dated April 16, 2024, and May 17, 2024. However, after reviewing evidence presented, including photographs submitted by the MCD, the court found no violations of its previous orders.
The judgment highlighted the commitment of the court to safeguard public green spaces, directing that the park should remain open to the public for maximum possible durations. The court underscored the necessity of balancing public access with the protection of the park’s environment, emphasizing activities such as walking, jogging, and children's recreation, while prohibiting any private or commercial use inconsistent with its intended public purpose.
Furthermore, the court noted that the Station House Officer (SHO) of the concerned police station was tasked with ensuring the park's security to prevent vandalism and safeguard plantations. The court recognized the SHO's actions of locking the park during certain hours as a precautionary measure due to repeated damage and the challenge of monitoring the area continuously.
The ruling is a reaffirmation of the judiciary's role in environmental conservation and the protection of public spaces, ensuring they remain accessible and beneficial for community use while maintaining ecological integrity.
Bottom line:-
Contempt petition dismissed as no violation of earlier court orders was demonstrated. Court emphasized the protection of public green spaces, adequate green cover, and unrestricted public access to the park for recreation and environmental purposes.
Statutory provision(s): Contempt of Courts Act, 1971 Section 12
Mithlesh Solanki v. MCD, (Delhi) : Law Finder Doc id # 2946306
