Delhi HC orders MCD to take possession of 2 public parks abutting Jama Masjid

“As counsel for MCD states that the North park and South park abutting Jama Masjid despite being public parks are not in their possession, this court directs the MCD to take action in accordance with law,” said a division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna.

“After all, a statutory authority cannot lose possession of public parks,” the bench underscored and directed the MCD to file a fresh status report within four weeks.

The plea is next listed for hearing on December 21.

The counsel for the MCD submitted that the civic body is allowed entry into the South park in order to maintain it, but its gates are shut thereafter by the mosque authorities. As far as the North park is concerned, the MCD is not allowed entry, the counsel said.

The bench further perused a July 28 order of the HC and noted that on this date the counsel for the Shahi Imam/ Managing Committee of Jama Masjid had sought time to seek instructions in the matter.

The bench, however, said that despite the matter being called twice no one had appeared for the Shahi Imam/managing committee of Jama Masjid.

Earlier in the day, the bench, while hearing the matter, orally told the MCD’s counsel, “If it’s a public park it must be open to the public at large. You hold the land in the trust of the public. You are answerable to the public”.