The Delhi High Court has issued a directive to the Municipal Corporation of Delhi (MCD), ordering it to conduct a thorough survey and verify allegations of unauthorised construction and encroachment in the vicinity of the historic Jama Masjid. The order was passed on Wednesday, January 8, 2026.
Court's Directive on PIL Allegations
A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia was hearing a Public Interest Litigation (PIL) filed by four residents of the Jama Masjid area. The petitioners, represented by advocate Hemant Choudhary, alleged significant encroachment on public parks belonging to the MCD and illegal activities around the Shahi Jama Masjid.
The court, while disposing of the PIL, directed the civic body to consider and verify the allegations raised in earlier representations made by the petitioners. The MCD has been given a strict timeline of two months to complete the survey.
Specific Claims and MCD's Response
The petition listed several specific illegal activities. These include an illegal eatery named Gumbad Cafe, allegedly run by Syed Bukhari, the shahi imam and president of the mosque's managing committee, opposite the mosque's dome. Other claims involve an e-rickshaw charging station at gate 4, a chemist shop, and a hospital operating illegally in the area.
During the hearing, the MCD submitted that it conducts regular anti-encroachment drives in the zone. In a notable statement, the civic body claimed, "There are no encroachments on the (MCD) parks, there are only some pigeons." The court also noted that while photographs were submitted as evidence, "no definite opinion can be formed on the basis of the said photographs."
Mandate for Action Following Survey
The court's order carries a clear instruction for follow-up action based on the survey's findings. It stated, "We further direct that in case in the survey conducted pursuant to this order, if any illegal construction or encroachment or illegal use is found, appropriate action which may be warranted under law shall also be taken with expedition."
This directive puts the onus on the MCD to not just identify but also promptly act against any violations uncovered during the two-month verification process. The outcome is awaited by residents and stakeholders in the culturally sensitive area of Old Delhi.
