The National Green Tribunal has restrained South Delhi Municipal Corporation (SDMC) from carrying out construction of toilets and staff room for horticulture employees in a playground at South Delhi's Gulmohar Park.
A bench headed by Justice U D Salvi made it clear that there shall be no construction activity in the 'tot lot', measuring around 0.2 acres, unless specifically permitted in a Master Plan-2021.
It also directed SDMC to restore the 'tot lot', occupied by structures, to its original condition and asked it to remove the rubble.
"Anything constructed on an open area, which is designated as a tot lot area in a Master Plan unless specifically permitted therein amounts to invasion of open area necessary and planned for maintaining salubrious environment and as such would cause damage to it.
"SDMC shall forthwith cease from carrying out further construction activity inside the tot lot area in question and demolish the structure raised," the bench said.
The bench was hearing a plea by Gulmohar Park Journalists Colony Welfare Association seeking directions to SDMC to "forthwith cease from the construction activity inside the park and demolish the structures raised".
The association had claimed that SDMC had started construction of a room in October last year in tot lot area which would rob the residents of the open space and access to fresh air and recreation.
SDMC had contended that construction of a room was necessary for storing horticulture equipment and machinery as existing 'kachha' structure was in a dilapidated condition.
The corporation also said that the park is a 'community park' and "the Master Plan for Delhi- 2021 permits amenity structures for housing equipment room/toilet block/guard room in such community park".
However, the Tribunal, after perusing the layout plan of Delhi Development Authority, held that there is no mention of 'community park' except a reference to the open space or tot lot.
"Resultantly, we have to hold that this is not a community park but a tot lot. No area, therefore, from tot lot area can be put to use for raising any type of construction at the peril of the environment available to the local resident as per the Master Plan." it said.
