The Delhi High Court has issued a significant directive to the Municipal Corporation of Delhi (MCD), mandating a comprehensive survey of public spaces surrounding the historic Jama Masjid. The court has given the civic body a strict deadline of two months to identify any illegal encroachments and initiate action against the offenders.
Court Directs Swift Action on PIL Allegations
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia passed this order on Wednesday while disposing of a Public Interest Litigation (PIL). The PIL, filed by Farhat Hasan and others, raised serious concerns about alleged encroachments on public parks and illegal constructions near the iconic mosque.
The petitioners specifically sought the removal of illegal parking, hawkers, and commercial activities operating near Gates 3, 5, and 7 of Jama Masjid. They contended that these public spaces, which belong to the MCD, have been unlawfully occupied.
Allegations of Misuse and Violation
The petition made strong allegations, claiming that the Shahi Imam (chief priest) of the mosque, along with his family members and close associates, were responsible for these encroachments. It was alleged that they had set up commercial units on these public lands.
The PIL argued that this represented a grave violation, not only of the Delhi Municipal Act but also of religious sanctity and the heritage protection norms laid down by the Archaeological Survey of India (ASI). The petition claimed the mosque was being used as a source of private income.
Court's Prudent Approach and Clear Directive
The court, however, refrained from delving into the specific claims and counter-claims presented by both sides. Instead, it adopted a fact-finding approach. The bench acknowledged that certain photographs submitted appeared to show encroachments and illegal constructions, but stated that "no definite opinion can be formed" based on them alone.
Therefore, the court directed the MCD to verify these claims through an official survey. The order explicitly states that if the survey confirms any encroachment or illegal use of public land, the corporation must take "appropriate action warranted under law." With this directive, the court disposed of the PIL, putting the onus on the civic agency to investigate and act.
This order highlights the judiciary's role in addressing urban governance issues and protecting public spaces in densely populated and heritage-sensitive areas of the national capital. The outcome of the MCD's survey, due within two months, will be closely watched.
