In this article, Karan Singh of Jindal Global Law School discusses the legal clearances that will be required to setup a structure like London Eye In Delhi.
Introduction
If you have visited London, then you might have seen an enormous wheel revolving. The wheel is called the London Eye. London Eye is an enormous observation wheel which allows you to get a bird’s eye view of the city. The London Eye has 32 air conditioned passenger capsules which hold about 25 people in total. Each capsule is big enough for its passengers to walk inside. For safety reasons the capsules are sealed as soon as it leaves the ground so no one tries to get out once it is airborne.[1]
London Eye cost around 70 Million Pounds with a height of 135 meters.
The Merlin Entertainment is the present owner of the London Eye. But many sponsors sign agreements with Merlin Entertainment to get their company sponsored. 2 years ago, coca cola signed an agreement for 2 years. Coca Cola became the new sponsor of the London Eye after signing a deal to replace France’s EDF Energy. London Eye was lit in red after coca cola got the sponsorship[2]. Ownership can be taken by any private firm or Individual following the rules and procedure of the country where it is set up.
After London, Singapore and Paris, Delhi has decided to put an eye in the city which will be an attraction for tourists and for people of the city. Delhi Eye was set up in 2010 and opened in 2014 for the public.
Delhi Eye
Delhi eye is a giant wheel which is set up in 2010. It’s a 200 foot tall Ferris wheel near Yamuna river that claims to be India’s equivalent of the London Eye. Delhi Eye is a part of an amusement park at Kalindi Kunj. Delhi Eye comes under amusement park.[3]
While the London Eye and Singapore Flyer offers spectacular view of the city, the Delhi based Flyer offers an unobstructed view of the Yamuna River, Qutub Minar, Red Fort, Akshardham Temple, Lotus Temple and Humayun’s Tomb, apart from a bird’s eye view of Connaught Place and Noida. This giant wheel contains 36 air conditioned cabins that can hold six people each at a time. The glass bottom offers a view of the water park located below.[4]
Facts About Delhi Eye
This giant wheel gives the entire view of the city covering historical monuments, rivers, temples etc. It is operated by the same company which operates the Singapore Flyer.
- Height of the wheel is 200 feet
- Seat capacity of each cabin is 6 persons
- Duration of a single ride is 20 mins which includes 3 rotation
- Maximum speed of the wheel is 4 meter per second
- Cost of ride is Rs. 250 per head for normal cabin and Rs 500 per head for vip cabin.
- It is manufactured by Vekoma, Dutch Coaster Design Company.
Legal Issues Arising Due to Its Proximity to the Yamuna
It took four years for the Delhi Eye to start for the public after completion. This is because of the legal issues that came due to its Proximity to the Yamuna. The issue was that a court appointed committee says that it was illegal because it falls within the 300-meter strip along either side of the river where private and commercial construction has been forbidden. The Yamuna river side till 300 meter was forbidden for any construction as to save the Yamuna River for getting polluted and commercialised. The court stated that because of this amusement resort the ecology of the water body will be totally affected and migrated birds will not come and the atmosphere will be totally polluted.
But finally, it was started in 2014 as all the legal requirements were cleared by the owner of the amusement park.
Legal Requirements For Opening a Delhi Eye
Yes, you need to obtain a premises license under the Regulations for Licensing and controlling places of Public Amusement, 1980 if you intend to set up an Amusement Park which includes a structure like London Eye or Delhi Eye.
Procedure For Obtaining Permission For a New Amusement Park
Step 1: Obtaining N.O.C for construction
Any person or firm wants to open an Amusement Park by whatever name, on any site for the purpose of using it as a place of public amusement shall first give an application in writing with his intention to the Licensing Authority specifying therein whether the application is for a permanent or temporary place of public amusement. The application on a plain paper shall be accompanied by a blue print plan ( 4 copies) for the proposed site and shall be clearly indicated the surrounding roads and buildings which exist up to a distance of 60 meters of the proposed site. Schools, hospitals or places or worship, petrol pump and also the position of overhead high tension cables/electric lines shall also be clearly indicated in the plan.
- The proof of ownership of the land may also be attached.
- Owner shall also make public, his intention by exhibiting a notice in Form-A(annexure A) on the proposed site in such a position that it can be plainly seen from the public or public place upon which such site is attached. The notice shall be in English and in Hindi as well as in the language of the locality. The notice on the board shall be maintained on the site until the matter is decided by the Licensing Authority. The board shall be at least 120×90 cms. In size and the notice shall be exhibited thereon in bold and clearly legible letters.
- The Licensing Authority may also consult the Officer Executive Engineer concerned , in respect of the proposed site.
- After thorough perusal the Licensing Authority may grant in Form C (Annexure C) a certificate that there is no objection to the location of the premises at the site notified by the applicant under Regulation 3.
- The discretion to dispense with the requirement of the No Objection Certificate vests with the Licensing Authority.
Step 2: Obtaining Building Permission
1.Permission in writing of the Licensing Authority is required for existing building or structure for being used as a permanent premises. If permission is not obtained then the building or structure can not be converted in Amusement park.
- For obtaining permission procedure should be followed:
- Submit an application form each such application shall be accompanied by a true copy of the No Objection certificate issued by the Licensing Authority.
- Complete plan of the architect containing elevations and sections of the proposed premises drawn to scale, cardinal points shall be marked on such plans, drawings, width of all staircases, , width of the doors the gangways , the doorways together with the heights of any galleries , or tiers , details of electrical installations etc shall be shown . Structural dimensions shall also be submitted with the application.
- The plans shall be prepared by an authorised architect or qualified engineer and shall bear a certificate under his signature to the effect that the designs are sound and stable.
- These plans are then forwarded to the Executive Engineer concerned for approval and the applicant is bound to carry out such alterations and additions in the plans as may be directed by the Executive Engineer concerned, before the plans are finally approved by him.
- The permission to build shall finally be granted by the licensing authority and shall be valid for a period of 2 years from the date of the permission or within such extended time as may be granted by the Licensing authority
- No modification in the plans or addition or alteration shall be done to the premises except with the written permission of the Licensing authority in consultation with the Executive Engineer concerned.
- The Licensing Authority may refuse to grant license to operate a premises, the building of which has not been constructed according to the approved plans and specifications.
Step 3: Obtaining Premises Licence For Amusement Park
Application for the grant of Premises License, shall contain the following.
- Statement as to the nature and extent of the interest of the applicant in the Premises.
- The name(s) of Manager(s) nominated by the Licensee.
- The name(s) and addresses of the qualified electrician In charge of the electrical installation.
- True copy of NOCs mentioned below..
- NOCs from Electrical Inspector, Auto Engineer for joyrides, Municipal Health Officer, Fire Department, Police officer, DCP Traffic Police shall be specified in the application.
The Licensing Authority on receipt of documents and NOCs may grant a Premises License to the applicant on such terms and conditions and subject to such restrictions as the Licensing Authority may determine. The licensing authority also reserves the right to refuse a license if the premises appears to it to be likely to cause obstruction , inconvenience, risk , danger or damage to the residents or passersby s in the vicinity of the premises.[5]
Things to Remember
While registering for the amusement park including a structure like London Eye or Delhi Eye applicant should remember all the necessary rules prescribed by the government.
Applicant should known the law related to the property where the amusement park is set up like in the case of Delhi Eye where it was constructed within the ambit of the Yamuna River. It can be a restriction prescribed by the government. You can ask the Officer of that area.
Also, the main important thing is the safety of the people. The main priority should be given to the safety as it is the most important thing that government looks into.
Conclusion
Setting up an amusement park with a structure like London eye or Delhi eye will be registered under Public Amusement Act, 1980. For setting up an amusement park consult someone having same knowledge this will help you getting the inside of the registration. But the points mentioned above is enuf for registering and getting a license for an amusement park with London Eye like structure with it. Before anything do plan everything about the budget, construction, structure plan, safety issues etc.
references
[1] http://www.ukattractions.com/the-london-eye/
[2] https://www.theguardian.com/business/2014/sep/16/coca-cola-sponsor-london-eye
[3] https://blogs.wsj.com/indiarealtime/2011/05/27/delhi-eye-in-storm-of-controversy/
[4] http://www.thehindu.com/news/cities/Delhi/delhi-eye-thrown-open-to-the-public/article6477606.ece
[5] http://www.delhipolicelicensing.gov.in/home/amusement
