Delhi

High Court Applauds MCD and Delhi Police for Promptly Retaking Control of Jama Masjid Parks

The MCD's counsel informed a division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna that the civic body successfully regained control of both North and South Parks on December 12, 2023.

New Delhi: The Delhi High Court has lauded the Municipal Corporation of Delhi (MCD) and Delhi Police for their prompt efforts in reclaiming the possession of two public parks adjacent to Jama Masjid in the national capital.

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The MCD’s counsel informed a division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna that the civic body successfully regained control of both North and South Parks on December 12, 2023.

The court was pleased to learn that the parks have been reopened for public use, with informational boards displaying their timings installed at entry points.

The court expressed appreciation, stating, “This Court appreciates the alacrity with which the officers of the Municipal Corporation of Delhi and Delhi Police have taken repossession of the North and South Parks bounding Jama Masjid.”

This commendation follows the court’s earlier criticism of MCD’s failure to take possession, saying that a statutory authority cannot lose control of public parks.

In November last year, the court had directed the MCD to reclaim the parks, alleging that the Shahi Imam of Jama Masjid authorities were illegally in possession and had locked them.

Now, the court was informed that a section of Urdu Park, near Meena Bazaar, has been taken over by Delhi Urban Shelter Improvement Board (DUSIB) for a night shelter.

The court has directed the officials to write to DUSIB to vacate the green cover as expeditiously as possible, preferably within four months, and listed the next hearing for April 10.

“The MCD is directed to file a fresh status report at least a week before the next date of hearing,” the court said.

The case originated from a petition filed by resident Mohd. Arslam, concerning the possession of the two public parks near Jama Masjid, initially managed by MCD.

The court disposed of the plea in 2022, directing authorities to consider Arslan’s representation.

Allegedly, no action was taken despite a positive assurance. In April 2022, the court involved the Delhi Waqf Board, ordering the removal of encroachments from the parks in the interim.

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