Petitioner challenged ASI communication declining permission for Eid Milan Mela at Red Fort due to Ramlila allocation. Court disposed of petition granting liberty to reapply to ASI for specified date without binding authority to this decision.
Petition disposed of with liberty to apply to ASI for Eid Milan Mela permission on specified date.
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AMAN BHAICHARA SAMITI ..... Petitioner
Through : Mr Virendra Singh, Advocate.
versus
UNION OF INDIA & ORS ..... Respondents Through : Ms Astha Sharma, Advocate for R-1 & R-2. Mr Anuj Aggarwal and Mr Shubhanshu Gupta, Advocates for R-3.
CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 09.09.2016
W.P.(C) 7951/2016 & CM No.32999/2016 (ex-parte order)
The petitioner seeks quashing of communication dated 02.08.2016 issued by Archaeological Survey of India (ASI) declining the request of the petitioner for permission to hold Eid Milan Mela in the Ground outside the open area in front of the Red Fort with effect from 08.09.2016 to 25.09.2016.
The rejection letter cites that the application has been rejected on the ground that the area has been earmarked for allocation to Ramlila Committee for celebrating Ramlila/Dussehra festival.
Learned counsel for the petitioner submits that the petitioner would like to move a fresh application seeking permission only for holding Eid
WP(C) 7951/2016
Page 1
Milan Mela function on 13.09.2016.
The petition is disposed of with liberty to the petitioner to apply to the concerned authorities for allotment of the said park for holding Eid Milan Mela on 13.09.2016.
On such an application being moved, the authority shall consider the same in accordance with the Rules without being influenced by anything stated in this order.
Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 09, 2016 ‘sn’
WP(C) 7951/2016
Page 2
2 issues framed by the court
Whether to grant liberty to the petitioner to approach the ASI for consideration of fresh permissions without prejudice.
Whether the area allocation to Ramlila Committee for Ramlila/Dussehra festival justifies rejection of Eid Milan Mela request.
AMAN BHAICHARA SAMITI
UNION OF INDIA
SANJEEV SACHDEVA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
