High Court Appreciates MCD, Delhi Police For Taking Re-Possession Of Public Parks Bounding Jama Masjid

The Delhi High Court has recently appreciated the Municipal Corporation of Delhi (MCD) and Delhi Police for their efforts in taking re-possession of two public parks bounding city's Jama Masjid.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna was informed by MCD's counsel that the civic body had taken over possession of both North and South Parks on December 12.

The court was also informed 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.

“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,” the court said.

This was 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.

The MCD had then told court that the Shahi Imam or Jama Masjid authorities were allegedly in illegal possession of the parks and had locked them.

The bench had directed the MCD to take appropriate steps to take possession of the public parks, in accordance with the law.

During the hearing on December 21, the court was told that a 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.

Accordingly, the court directed the officials to write to DUSIB to vacate the green cover as expeditiously as possible, preferably within four months.

“The MCD is directed to file a fresh status report at least a week before the next date of hearing,” the court said while listing the matter on April 10.

The court was dealing with a petition filed 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 had disposed of the plea in 2022 while directing the authorities to consider Arslan's representation. However, he alleged that though the representation was disposed of with a positive assurance, no steps were taken.

In April 2022, the court had impleaded 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 had also ordered removal of encroachments from the parks in the meanwhile.

Title: MOHD ARSLAN v. GOVT OF NCT OF DELHI & ORS.

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