Delhi HC asks authorities to look into removal of encroachments from public parks near Jama Masjid

Sep 01, 2021

New Delhi [India], September 1 : The Delhi High Court on Wednesday directed authorities concerned to treat as representation a PIL seeking direction to the Delhi Government and North Delhi Municipal Corporation (NDMC), to remove all illegal and unauthorised encroachment from public parks, including Urdu Park situated around Meena Bazaar Market in Jama Masjid, Delhi and also from other parks situated around the Jama Masjid.
With these directions, a Division Bench of Chief Justice DN Patel and Justice Jyoti Singh disposed of the plea.
The petitioner, a local resident through Advocates Mohammad Ali and Mutiur Rehman, also sought direction to remove all shelter homes ("Rain Basera") built by Delhi Urban Shelter Improvement Board (DUSIB) from Public Parks including Urdu Park situated around Meena Bazar Market, Jama Masjid, Delhi.
The petition submitted that there are a few public parks situated around Jama Masjid and also around Meena Bazaar including Urdu Park and Delhi Urban Shelter Improvement Board (DUSIB) where shelter homes ("Rain Basera") have been built.
The plea alleged that some people with the help of the civic body are illegally operating parking and e-rickshaw charging facilities in the public parks situated around the Jama Masjid.
The plea stated, "The residents of the area have no other park for walking/jogging or for any other recreational activities."
"The children residing in this area are forced to be locked inside their homes as there are no playgrounds around this area", the plea stated.
The petitioner has sent representations to the Respondent authorities, however, till date, no reply has been received from any of the Respondents.
The plea submitted that the Old Delhi area i.e. Chawri Bazaar, Choori Walan, Matia Mahal and Jama Masjid, etc is a thickly populated area and there are no public parks in the area for use except these public parks.
"Residents of these areas are deprived of their fundamental rights to enjoy a clean and healthy environment. The present problem requires an urgent solution and the public, at large, should not suffer because of minimal action or inaction of government entities. The local ward authorities/department has shown no zeal or interest to solve this problem and the civic body is not bothered to ensure a clean and healthy environment especially in the Old Delhi area", it added.
"The illegal action of the Respondents is causing irreparable loss and damage not only to the environment of the public parks situated around Meena Bazaar market including Urdu Park and but also in other parks around Jama Masjid Parks. This is creating dangerous consequences and imperilling the life and liberty of residents of the area and visitors to the area because of the presence of a historical monument in the immediate vicinity of these public parks", the plea stated.