Petition sought restraint on Dussehra celebrations in a green park in Rajpura fearing damage to plants. Court noted safeguards, undertakings by organizers, and disposed of the petition with conditions including deposit of security for site clearance.
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
133
CWP-26434-2024 Date of Decision: 10.10.2024
GURJIT SINGH AND OTHERS
... Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
... Respondents
**CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. ******
Present: Mr. Pankaj Khurana, Advocate for the petitioner(s), ( through video conferencing) .
Mr. Ajaib Singh, Addl. A.G., Punjab assisted by Naib Tehsildar, Rajpura.
Mr. Abhilaksh Gaind, Advocate for respondent No.5.
Mr. Raj Kumar Gupta, Advocate for respondent No.7.
VINOD S. BHARDWAJ, J. (ORAL)
Prayer in the present petition is for restraining respondent No.7 from organizing the Dussehra Celebration in the form of burning the effigies of demon king Ravana and his brother and son in Zimidara Welfare Park, opposite Gugga Marhi, Old Rajpura, District Patiala as the said area is the green area where plantation has been done and it would cause destruction to around 500 healthy plants at the said Park.
RAJENDER KUMAR 2024.10.10 06:30 I attest to the accuracy and integrity of this document
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CWP-26434-2024
Learned counsel for respondent No.5- M.C., Rajpura alongwith Naib Tehsildar, Rajpura, who is present in Court, as well as the counsel for respondent No.7 have informed that the celebration is to be done in a specific area of the park and a specific direction has been issued to ensure that no damage is caused to any sapling and that appropriate protective measures have been put in place. A further condition has been imposed that the entire park shall be cleared by the organizing committee at its own expenses, so that no leftovers including ashes and other garbage remains in the park after the event is over.
Counsel for respondent No.7 further submits that they are ready and willing to abide by any additional conditions that may be so imposed and also to deposit an upfront cost to obviate the apprehension of any damage caused to the green belt area. He undertakes to deposit a sum of Rs.50,000/with respondent No.5- M.C., Rajpura and clear the site within 24 hours of the conclusion of the festivities. In the event of non-clearance of the said site or any damage caused to the saplings, an additional penalty shall also be deposited by respondent No.7 to the tune of Rs.50,000/-.
Naib Tehsildar, Rajpura has also pointed out that all available sites were considered by the District Administration for examining the feasibility of holding the festivities. He contends that there is no earmarked Dussehra Ground or Ram Leela Ground in Rajpura City and that this site was found most suitable as other sites are either situated near a Gaushala or very close to residential habitat.
RAJENDER KUMAR 2024.10.10 06:30 I attest to the accuracy and integrity of this document
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Taking into consideration the details furnished by the Naib Tehsildar, who is present in Court, as well as the undertaking given by respondent No.7 to ensure that no damage would be caused to the green belt and the saplings already planted and the compensatory forestation as well as undertaking for payment of fines/cost by respondent No.7, I find that adequate and sufficient measures have already been put in place. Shifting of the festivities at this last moment i.e. two days prior to the event may cause a decision to be taken in haste, which may have more consequences.
The present petition is accordingly disposed of at this stage with directions to the Organizing Committee-Respondent No.7 to ensure that no damage is caused to the green belt/saplings already planted. The security of Rs.50,000/- shall be deposited by respondent No.7 with the Municipal Council, Rajpura and in the event of non-clearance of site within a period of 24 hours of the conclusion of the festivities, respondent No.7 shall pay an additional cost of Rs.50,000/- to the Municipal Council, Rajpura. In such an eventuality, the Municipal Council, Rajpura shall ensure the clearance of the entire site so as to facilitate the park visitors.
Petition stands disposed of accordingly.
(VINOD S. BHARDWAJ) OCTOBER 10, 2024 JUDGE rajender
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
RAJENDER KUMAR 2024.10.10 06:30 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether Dussehra effigy burning could be restrained in a green-area park where plantation exists.
What safeguards should be imposed to protect saplings and ensure post-event clearance.
Gurjit Singh and others
State of Punjab
M.C., Rajpura (respondent No.5)
Organizing Committee, Dussehra Celebration (respondent No.7)
Vinod S. Bhardwaj
As recorded by the court registry
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