The Delhi High Court in the case Mohd Arslan versus Govt Of NCT Of Delhi And Ors observed and has pulled up the Municipal Corporation Of Delhi, MCD for its failure in order to take possession of a public park near city’s Jama Masjid.
The court in the case observed that the statutory authority cannot lose possession of a public park.
The Division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna in the case observed and was informed by the counsel appearing for the MCD’s that the Shahi Imam or Jama Masjid authorities are allegedly in illegal possession and have locked the park in question.
It has also been stated by the counsel that the MCD officials are not allowed to enter in the park as well. It was also submitted before the court that the Delhi Waqf Board is also claiming possession of the park.
The court while expressing the displeasure over the situation informed the counsel appearing for MCD’s that if you are the owner of the park, you hold the park in public trust for the citizens of Delhi. Thus, it seems your officers are living in some other world and you cannot lose the possession of a public park like this.
Adding to it, the bench stated that we are not living in a country where there is no rule of law…. We are living in 21st century.
The bench in the case observed and has directed that the MCD is to take appropriate steps in order to take possession of the public park, in accordance with the prescribed law.
The court also stated that the police assistance, if required by the MCD, shall also be provided to the statutory authority.
In the present case, the bench was hearing the plea moved by one Mohd. Arslan last year wherein concerning the issue of possession of two public parks near Jama Masjid which are originally managed by the MCD.
Last year, In April, 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 in its order stated for the removal of encroachments from the parks in the meanwhile.
The counsel appearing for the Delhi Waqf Board seek some time for seeking 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.
