In another land alnd mark judgment National Green Tribunal has dfirected DDA to take action as Jhankar Banquets is not operation Tower Restaurant which was a pre condition to allow using of District Park. The operative part of the Order is as follow:-
“26. It is not in dispute that the Tower Restaurant and the adjacent area are forming part the District Park. While so, the statutory rules under the Delhi Development Act in the form of Master Plan 1962, 2001 and 2021 governs the field. As elicited above, the District Park can include within itself not only the restaurant but also recreational activities, however subject to certain restrictions contained in the Master Plan like the extent of the area etc. It is nobody's case that the restrictions of the Master Plan has been violated by the third respondent. In any event if such violations are effected it is the statutory duty of the second respondent either as a lessor or licensor to take appropriate action As long as the statutory nature of the Master Plan remains operative and unchallenged in an appropriate manner in the appropriate forum, it is not for this Tribunal to hold that the second respondent is either not entitled to lease or give on license either the Tower Restaurant or the surrounding areas. Moreover, there has been a specific finding that during these years, the third respondent has taken steps to make the green area by planting more trees. Therefore looking into any angle, we are unable to accept the contentions of the learned senior counsel for the applicant in this regard.
16. It is undisputed before the Tribunal that the respondent no. 3 is using the green area of 18500 sqm at the Siri Fort Sports Complex for marriage parties etc. without running the Tower Restaurant and he has acted in contravention of order of the Tribunal dated 10.07.2015 passed in original application no. 60/2014 as modified by the order dated 31.07.2017 in Review application no. 23/2015. Therefore, the respondents are required to take immediate action to ensure that the respondent no. 3 uses the green area of 18500 sqm strictly in terms of the order of the Tribunal. The respondent no. 3 has violated the order of the Tribunal and has use the green area of 18500 sqm unauthorizedly, therefore, for past violation Environmental Compensation (EC) is also required to be imposed.
Jhankar Banquets has alleged that DDA had concealed the fact of non operational of Tower Restaurant from day one from it .