Take over 2 public parks near Jama Masjid without further delay, HC directs MCD
Meanwhile, an order was issued for the removal of encroachments from the parks and maintainence of hygienic conditions on the premises.
NEW DELHI: The Delhi High court on Friday asked the Municipal Corporation of Delhi (MCD) to take possession of two public park near Jama Masjid in the city, while expressing displeasure on the situation.
A bench headed by Acting Chief Justice Manmohan was apprised by the civic authority that the Jama Masjid authorities are allegedly in illegal possession of the public park and have locked the premises.
The bench also comprising Justice Mini Pushkarna said that being the owner of the park, MCD should hold the park in public trust for the citizens. “It seems your officers (MCD) are living in some other world.You cannot lose the possession of a public park like this,” the court remarked.
The court also said, “We are not living in a country where there is no rule of law. We are in the 21st century. Public parks cannot be taken over”The court further took note that the MCD’s submission that the North Park and South Park abutting the Jama Masjid, despite being public parks, are not in their possession.
“...this court directs the Municipal Corporation of Delhi to take action in accordance with law. If any police assistance is asked for, the same shall be provided,” the court said.The high court was hearing a plea filed last year by an individual, Mohd. Arslan, in relation to the possession of two public parks near Jama Masjid, under the purview of the city civic authority.Previously. the court had impleaded the Delhi Waqf Board as a party to the plea as it was the MCD’s case that the gates of two parks were being managed by the Board.
Meanwhile, an order was issued for the removal of encroachments from the parks and maintainence of hygienic conditions on the premises. It had also directed the authorities to file status reports on the action taken.Earlier in April, the counsel appearing for the Delhi Waqf Board had sought some time before the court to seek instructions on the situation.