The National Green Tribunal (NGT) had earlier rejected the plea to hold a religious function, Mata ki Chowki, in a public park at Janakpuri in Delhi, saying the place had to be preserved as “lung space”.
In a plea challenging denial of permission to use public places for religious functions, a two-judge bench of the Supreme Court Friday referred the matter to the Constitution bench. The National Green Tribunal (NGT) had earlier rejected the plea to hold a religious function, Mata ki Chowki, in a public park at Janakpuri in Delhi, saying the place had to be preserved as “lung space”.
Implying that the park was for the benefit of residents, a bench headed by acting NGT Chairperson Justice Jawad Rahim on June 1 denied permission to hold such a function at a public place.
“The applicants claim to be a group of persons who want to hold various public functions. Presently, they have sought directions to the respondents, namely the South Delhi Municipal Corporation, to permit them to hold a mata ki chowki in the park. Undoubtedly, it is a public function which normally cannot be allowed to be conducted in a park, which is to be preserved as lung space…. We find no case made out for grant of [permission for] the function. Hence, the application is rejected,” the Bench said.
The plea was filed by Delhi-based organisation Jyoti Jagran Mandal which had sought directions from the SDMC for permission to conduct the religious function on June 9 at Chanchal park in Janakpuri. The plea, referring to an order of the NGT from October 10, 2017, said the tribunal had allowed holding of a Ramleela function and Durga puja in the same park.