The High Court of Delhi, through learned judge, Justice Yashwant Varma in the case of Kailash Gupta v. Govt of NCT of Delhi & Ors. (W.P.(C) 3006/2022 & CM APPL. 8699/2022(Direction), CM APPL. 13222/2022 (Interim Direction) ) approved the establishment of Mohalla Clinic In Kalkaji Park
BRIEF FACTS: The petition was based on the allegation that a park which had come to be created pursuant to directions issued by this Court on W.P.(C) 910/2011 was being used for unauthorised purposes. Photographs submitted to the court indicated that the entire park area had clearly fallen into disuse and appeared to have been converted into a garbage dumping zone.
FINDINGS OF THE COURT: The court held that the respondents are duty bound to ensure that the park/green area is duly developed as per the plan submitted and acts as a useful adjunct to the clinic itself. The Court, while permitting the respondents to construct the Mohalla Clinic, took note of their obligation to ensure that the remainder part of the plot in question was duly developed and maintained as a park/green area and the initial directions as contained in the order of the Court are also complied with. The court remarked that in order to ensure that the entire area does not fall into disuse, it would be appropriate for the present writ petition to be retained on the board of this Court in order to review progress periodically.
The court observed that while the respondents are permitted to proceed further with the establishment of the Mohalla Clinic, they shall also take emergent and simultaneous steps to ensure that the green area adjacent to that clinic and which stands depicted in Annexure R-4 is also developed in accordance with the assurances which have been placed on the record. The court directed that the respondents shall consequently place a further status report on the record of this writ petition within a period of two months.
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JUDGEMENT REVIEWED BY – AMRUTHA K
