The Delhi High Court on Friday showed its displeasure to the Municipal Corporation of Delhi (MCD) over its failure to take possession of a park near Jama Masjid, which is alleged to be in “illegal possession” of encroachers, and directed the civic authorities to take steps to remove illegal encroachers as per law.
The bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna on Friday directed MCD to file a status report in this regard and noted that North & South Parks advertising the Jama Masjid, despite being public parks, are not in their possession.
This court directs MCD to take action according to the law. After all, a statutory authority cannot lose possession of public parks. Let the status report be filed within weeks. Have it after 5 weeks. December 21 is the next date of hearing, said the bench.
During the hearing, the court also expressed shock over the statement of MCD stating that Shaheen Gate at the Jama Masjid, North Park—we aren’t even allowed entry there.
MCD further told the court that we didn’t have entry to the parks near Wazu Khana. As far as South Park is concerned, we demolished certain unauthorised construction. The rest of the parks we’ve been maintaining
Noting the submissions, the Court asked, “How have you lost possession of the parks & how can you maintain them?”How can MCD lose control over its parks? Public parks can’t be taken over in the 21st century. We will direct the police to take over the park.”
“We are asking for the protection of the environment every day. We can’t breathe, and you are losing possession of the parks? Either this is your park owned by you or you must have possession of it. You can’t lose possession of it. Please write to the SHO. Public park possession can’t be lost, said the bench.
