Delhi High Court Pulls Up MCD For Not Taking Possession Of Public Park Alleged To Be Illegally Occupied By Jama Masjid Authorities

The Delhi High Court on Friday pulled up the Municipal Corporation Of Delhi (MCD) for its failure to take possession of a public park near city’s Jama Masjid, observing that a statutory authority cannot lose possession of a public park.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna was informed by MCD’s counsel that the Shahi Imam or Jama Masjid authorities are allegedly in illegal possession and have locked the park in question.

The counsel also said that the MCD officials are not allowed to enter in the park as well. It was also submitted that the Delhi Waqf Board is also claiming possession of the park. However, no counsel appeared today for the Board.

Expressing displeasure over the situation, the court orally told MCD’s counsel: “If you are the owner of the park, you hold the park 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 like this.”

“We are not living in a country where there is no rule of law….We are living in 21st century,” the bench added.

Accordingly, the bench directed the MCD to take appropriate steps to take possession of the public park, in accordance with the law.

The court added that police assistance, if required by the MCD, shall also be provided to the statutory authority.

The bench was hearing a plea moved by one Mohd. Arslan last year concerning the issue of possession of two public parks near Jama Masjid which are originally managed by the MCD.

In April last year, 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.

In April this year, the counsel appearing for the Delhi Waqf Board sought some time to seek instructions as to whether the gates of the South and North Block of the park was locked by the Board or not and whether its access to the public at large will be provided.

Title: MOHD ARSLAN V/s GOVT OF NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 1129