"It Will Become Garbage Land": Delhi High Court Expresses Concern Over Condition Of Public Parks Near Jama Masjid

The Delhi High Court on Tuesday expressed concern over the illegal and unauthorised encroachment of public parks situated around Maulana Abul Kalam Azad Tomb and Meena Bazaar Market in Jama Masjid area of the city.

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla thus ordered the North Delhi Municipal Corporation (NDMC) and the Delhi Urban Shelter Improvement Board (DUSIB) to ensure that encroachments in the public park in question are removed and they are kept neat and clean in hygienic conditions.

Both the authorities have been directed to file their respective status reports with regard to action taken, by the next date of hearing.

The development ensued in a petition filed by a resident, Mohd. Arsalan. The Court had last year disposed of the plea filed by him by directing the authorities to consider his representation. Now, the Petitioner, represented by Advocate Mutiur Rehman, alleged that though the representation was disposed of with a positive assurance, no steps have been taken thus far.

The counsel appearing for the NDMC informed the Court that they had passed a speaking a order, assuring that any Illegal or unauthorized occupation will be removed.

"Are these matters to be looked at only through your correspondence or some ground work will also be done? You file a report and show us what's done," the Bench responded.

The Petitioner had also sought a direction to remove from public parks, all shelter homes (Rain Basera) built by DUSIB.

The counsel appearing for DUSIB informed the Court that the same were built following the directions issued by the High Court in a suo moto case in 2010.

However, the Court noted that these sites have been abandoned and are likely to become a "garbage land" if left unattended.

"Does that (judicial order) give you the direction to leave these parks in this condition? You have left it abandoned. It will become a garbage land."

The Court has also ordered to implead Wakf Board, which is said to be managing the entry/exit gates to the parks in question.

The matter will not be heard on July 14.

Also Read: Delhi High Court Directs ASI, Municipal Corporations To Prevent Unauthorized Constructions Around Jama Masjid

Case Title: Mohd. Arsalan v. GNCTD & Ors.