New Delhi: A section of any park can be used
as a playground, ruled the Delhi High Court while dismissing a
plea of group of Rajender Nagar residents for an order
restraining MCD and DDA from covering a portion of Sindhi
"If children are not permitted to play in the parks, they
will be left with no other place except the busy streets to
play in and this would severely affect their behaviour
pattern, growth and health. The same holds good equally for
the grown-ups wanting to either before or after work indulge
in some physical activity," said Justice Rajiv Sahai Endlaw.
He dismissed the petition filed by Rajender Nagar Welfare
Association seeking an order restraining MCD from fencing a
section of the 13,231 sq meter Vivekanand Park, popularly
known as Sindhi Park, for volleyball court.
"The need for play/sport cannot be undermined in adults
also. If certain cross section of the society/residents want
to play volleyball in the park, I do not see any harm therein.
The notice stated to have been put up by the MCD prohibiting
use of the park as a playground is found to be contrary to the
use of the park prescribed in the Master Plan" the court also
"The petitioners(residents) cannot come in the way of
fencing of the said section of the park intended to prevent
the ball used during play hurting those walking on the
footpath in the park and also cannot prevented from using a
section of the park as a playground," the court further said.
The court, however, directed the MCD not to construct
any other thing in the park in violation of the court`s
The court was hearing a petition alleging the park is a
neighborhood park but the Director of Horticulture of the MCD,
inspite of protests by the residents, had permitted the park
to be used for sport activities, which is impermissible in the