The Municipal Corporation of Delhi (MCD) was questioned by the Delhi High Court on Friday for failing to seize control of two public parks close to the Jama Masjid in historic Delhi.
Acting Chief Justice Manmohan and Justice Mini Pushkarna’s bench ordered the MCD to take the necessary actions to legally seize control of the two public parks.
The MCD counsel told the court that the mosque officials are allegedly in unlawful possession of the parks, which have been shut, and that neither the North Park nor the South Park that border the Jama Masjid are under their control.
The bench stated, “As the counsel for MCD states that the North park and South park abutting the Jama Masjid, despite being public parks, are not in their possession, this court directs the MCD to take action in accordance with law,” and provided that in the event that police assistance was needed, it should be given to the local government.
Mohd Arslan was presenting a case before the high court on unapproved encroachments in public parks near the Jama Masjid in historic Delhi.
The court made the observation, “We do not live in a nation where the rule of law is flouted. Respect for the law is required. It is the twenty-first century. We make daily requests for the parks to be preserved. Delhi residents are struggling to breathe.”
It said, “It must be accessible to the general public if it is a public park. You have the confidence of the people of Delhi. Your policemen seem to be from an other planet. It is impossible to lose ownership of a public park. You have the public to answer to.”
The Delhi Waqf Board was previously joined by the court as a party to the suit, and it was instructed to the authorities to make sure that any unauthorized encroachments in public parks are removed and that the parks are maintained hygienically. Also, it had instructed the authorities to provide progress reports on the measures implemented.
The MCD attorney said at the hearing that the agency could enter South Park and maintain it, but not North Park.
The court took notice of the Shahi Imam/Managing Committee of Jama Masjid’s attorney’s request for more time to get guidance on July 28. But neither the governing committee nor the Shahi Imam showed up on Friday.