The Delhi High Court in the case Mohd Arslan v. Govt Of NCT Of Delhi And Ors observed and has appreciated the Municipal Corporation of Delhi, MCD and the Delhi Police for their efforts in taking re-possession of two public parks bounding city’s Jama Masjid.
The Division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna was informed by the Municipal Corporation of Delhi, MCD counsel that the civil body had taken over possession of both North and South Parks on December 12.
It has also been informed by the court that both the public parks have been opened for public use and that display information boards have also been duly installed at their entry points displaying their timings.
The court stated that this court appreciates the alacrity with which the officers of the Municipal Corporation of Delhi and Delhi Police have taken re-possession of the North and South Parks bounding Jama Masjid.
This came before the court after the court in November pulled up the MCD for its failure to take possession of the parks and said that a statutory authority cannot lose possession of public parks.
It has then informed by the MCD to the court that Shahi Imam or Jama Masjid authorities were allegedly in illegal possession of the parks and had locked them.
The bench in the case obserevd and has directed the MCD for taking appropriate steps to take possession of the public parks, in accordance with the law.
The court was told during the hearing on December 12 that the part of the Urdu Park, located adjacent to the Meena Bazaar near Jama Masjid, had been taken over by Delhi Urban Shelter Improvement Board, DUSIB for setting up a night shelter.
The court directed the officials to write to DUSIB to vacate the green cover as expeditiously as possible, preferably within four months.
It has also been directed by the MCD for filing the fresh status report at least a week before the next date of hearing. In the present case, the court was dealing with the petition moved by a resident, Mohd. Arslam concerning the issue of possession of the two public parks near Jama Masjid which were originally managed by the MCD. The court disposed of the said petition in 2022 wherein it directed the authorities to consider Arslan’s representation.
It has also been alleged by him before the court that though the representation was disposed of with a positive assurance, no steps were taken. The court while considering the facts and circumstances of the case stated that in April 2022 the Delhi Waqf Board as a party to the petition as it was the MCD’s case that the gates of two parks were being managed by the Board. The court also ordered the removal of encroachments from the parks in the meanwhile. Accordingly, the court listed the matter for further consideration on April 10, 2024.
