LI Network
Published on: November 19, 2023 at 12:10 IST
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to assume control of public parks adjacent to the Jama Masjid from the Waqf Board, strongly condemning the act of locking gates and denying public access to these recreational spaces.
Last year in April, the Court added the Waqf Board as a party to the case when the MCD revealed that the Waqf Board controlled the gates to the parks managed by the Municipal Corporation.
Subsequently, the Court issued an order directing the Waqf Board to clarify whether they had locked the gates of the South and North Blocks of the park, and whether public access would be reinstated.
The recent court order emphasized the Public Trust Doctrine, placing an obligation on the government to safeguard natural resources, including green spaces, for public use.
The bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, reiterated that these resources should not only serve public purposes but should also remain accessible to the general public.
The case revolves around the management and administration of the gates to the North and South Parks, adjacent to Jama Masjid, which were under the jurisdiction of the Waqf Board rather than the Municipal Corporation.
The court, in previous orders, granted the MCD the authority to remove encroachments and instructed relevant authorities to ensure compliance.
In the recent order, the Court questioned the MCD about the delay in regaining possession of the North and South Parks. Additionally, the Court highlighted the importance of green parks for people of all age groups, emphasizing the constitutionally enshrined right to life under Article 21.
The bench noted, “The move to lock the gates of a public park and denying access to the public is totally unacceptable. The public at large, including the young and the old, need green spaces for playing, walking, exercising, etc. Denial of this right would be an infringement of the Right to Life guaranteed under Article 21 of the Constitution of India.”
Consequently, the Court directed the Municipal Corporation of Delhi to take over possession within four weeks from the date of the order, scheduling the matter for further consideration on December 21.
Case Title: Mohd Arslan v Govt of NCT Delhi