LI Network
Published on: December 22, 2023 at 14:25 IST
The Delhi High Court asserted that a night shelter cannot permanently operate in a public park, instructing the city’s civic authority to request the Delhi Urban Shelter Improvement Board (DUSIB) to vacate the space it currently occupies in Urdu Park near Jama Masjid.
Acting Chief Justice Manmohan, leading the bench, stated that a night shelter in a public park should only be a “temporary phenomenon” to prevent the loss of green cover.
The Court directed the Municipal Corporation of Delhi (MCD) to write to DUSIB, urging them to vacate the park by March.
“Tell them you gave it for a limited time. Tell them they have to find an alternative accommodation. (They) Can’t occupy a public park. Write to them to vacate the rain basera (night shelter). Tell them you require green spaces,” remarked the bench, also comprising Justice Mini Pushkarna.
“Find a land for yourself wherever you want. It can be a temporary phenomenon to deal with emergencies… we will lose all green cover to this. You have to shift to an alternative space. Don’t occupy green areas like this,” the Court advised the DUSIB lawyer.
The court addressed a plea by Mohd Arslan concerning encroachments in public parks around Jama Masjid in old Delhi.
In a previous hearing, the court questioned the MCD for not taking possession of two public parks—North Park and South Park—next to Jama Masjid, emphasizing that a statutory authority cannot lose possession of public parks.
During Thursday’s hearing, the counsel for MCD stated that they have taken possession of the two parks and opened them to the public for limited hours during the day.
The court had previously emphasized the importance of open spaces and green cover as breathing zones for people dealing with increasing pollution. It criticized the closure of public parks and denial of access to the public as “totally unacceptable.”
The matter is scheduled for further hearing on April 10.
