LI Network
Published on: November 18, 2023 at 11:23 IST
The Delhi High Court, Criticized the Municipal Corporation of Delhi (MCD) for its alleged failure to take control of a park near Jama Masjid, claimed to be under the “illegal possession” of Jama Masjid authorities [Mohd Arslan v Govt of NCT of Delhi & Ors].
A Division Bench consisting of Chief Justice Manmohan and Justice Mini Pushkarna directed the MCD to initiate actions to reclaim possession of the parks. Additionally, the Delhi Police has been instructed to provide assistance if required during the process.
Considering the significance of preserving public parks, the Court emphasized the necessity for authorities like the MCD to maintain possession of these spaces. The Court asserted, “We are not living in a country where there is no rule of law.”
A status report has been mandated to be submitted within four weeks to update the Court on the progress of the situation.
The court was responding to a plea seeking directives to clear encroachments from parks surrounding Jama Masjid.
The counsel representing MCD informed the Court that the Delhi Development Authority (DDA) had transferred possession of a set of parks near Jama Masjid to MCD in 2007. While the MCD had physical possession of all other parks, access to the North Park and South Park was restricted.
Expressing dissatisfaction with the ongoing situation, the Bench conveyed its disapproval, stating that encroachments in public parks are unacceptable. Acting Chief Justice Manmohan emphasized the importance of adhering to the rule of law in the 21st century and highlighted that public parks cannot be taken over.
Asserting the role of the MCD as a statutory authority and custodian of public parks for the citizens of Delhi, the judge remarked, “If you [MCD] are the owner of the park, you hold it in public trust for the citizens of Delhi. It seems your officers are living in some other world. You cannot lose the possession of a public park.”
The case is scheduled for the next hearing on December 21.
