NEW DELHI: The Delhi High Court has said the locking of public parks near the Jama Masjid was "unacceptable", observing that the open spaces and green cover provide a breathing space for the people at a time when the national capital is reeling under worsening quality of air.
The high court expressed dissatisfaction over the Municipal Corporation of Delhi (MCD) not taking possession of the public parks which are allegedly in illegal possession of the mosque authorities and locked by them.
The high court asked the civic authorities to take action in accordance with law to assume their control so they are available for use by the general public.
It said if any police assistance is asked for, the same shall be provided.
"After all, a statutory authority cannot lose possession of the public parks,” the court said.
It was observed by the high court that parks are like an oasis in the concrete jungle that exists in cities and the public at large, including the young and the old, need green spaces for playing, walking and exercising, and denial of this right will be an infringement of Right to Life guaranteed under Article 21 of the Constitution.
"The importance of maintenance of green cover in the present milieu needs no emphasis. The open spaces and green cover provide much needed breathing zones for the people when the society as a whole is grappling with the hazardous scenario of ever increasing pollution. The parks are like an oasis in the concrete jungle that exists in cities," said a bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna.
"The move to lock the gates of a public park and denying access to the public is totally unacceptable. The public at large, including the young and the old, need green spaces for playing, walking, exercising etc. Denial of this right would be infringement of Right to Life guaranteed under Article 21 of the Constitution of India," the bench added.
The bench directed the MCD to file a fresh status report and listed the matter for further hearing on December 21.