Expressing its strong displeasure over the Municipal Corporation of Delhi’s failure to take possession of a public park near Jama Masjid, which was allegedly in ‘illegal’ possession of the Masjid authorities, the Delhi High Court directed the MCD to take steps for possession of the same.
The Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna on Friday further directed the Delhi Police to assist MCD officials, in case police assistance was required.
It also ordered the MCD to file a status report on the matter within four weeks and listed the matter for further hearing on December 21.
The orders were passed on a petition seeking directions to free parks around Jama Masjid from encroachments.
The Counsel appearing for MCD apprised the Bench that the Delhi Development Authority had handed over the possession of a set of parks around Jama Masjid to MCD in 2007.
While the physical possession of all other parks was with MCD, it was stopped from entering the North Park and the South Park. Recently, the civic agency was allowed entry into South Park, which was now being maintained by MCD, added the lawyer.
He said the North Park was still locked and was in the possession of Jama Masjid authorities. The counsel further informed the High Court that the North Park has a wuzu khana (ablution pond) as well.
Noting that the encroachment of public parks cannot be allowed, the Bench observed that a statutory authority like MCD cannot lose their possession since the authority held these parks in public trust for the citizens of Delhi.
The Bench further flayed the civic agency, saying that it seemed the MCD officers were ‘living in some other world’.
The High Court observed that they were not living in a country where there was no rule of law. Public parks cannot be taken over, not like this in the 21st century, added the Bench.
It said that every day, they were asking for preservation of parks as people of Delhi were not able to breathe due to severe air pollution.
(Case title: Mohd Arslan v Govt of NCT of Delhi & Ors)