Delhi HC questions need for building gazebo in Nizamuddin West park

The Delhi High Court on Wednesday questioned the construction of a gazebo in a tiny park by the municipal corporation in a residential colony situated in Nizamuddin West, New Delhi.

A single-judge bench of Justice Najmi Waziri asked the Delhi Government, the Municipal Corporation and other respondents in the matter to not to proceed further with the said construction and directed them to file their replies. The Court has listed the matter for further hearing on May 5, 2021.

The Court has noted in its order that the maintenance of parks in residential colonies is the duty of the Municipal Corporation. Since there was default by the corporation in this regard, the petitioner and the residents developed and have started maintaining the various parks dotting the colony for many years. Now, the Corporation has started some construction in one such park maintained by the residents. Despite repeated requests, the corporation has not shown any work order.

The Court was hearing the appeal filed by the Residents’ Welfare Association Nizamuddin West (Regd.) against the construction of setting up a gazebo in a tiny neighbourhood park. The petitioner association contended that the residents would rather continue to enjoy the unobstructed view of garden area outside their homes, without it being marred by a concrete structure. They said they don’t want the gazebo in their park.

The counsel appearing for the Corporation submitted that the gazebo is being set up under the directions of the learned National Green Tribunal and the construction is almost complete.

Justice Najmi Waziri said, in fairness, the corporation should have sought their views and preference, as it is ostensibly for their benefit. Their easement right is sought to be hindered by the said construction. Whether the said park has been identified as the one where a gazebo is to be set up is not clear, the Court questioned.

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The Court issued notice to the respondents and directed them to respond before next hearing. “It is expected that till the next date, the corporation will not take any further precipitate measures,” said the Court.
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