New Delhi, Jan 7 (.) The Delhi High Court on Wednesday directed the Municipal Corporation of Delhi (MCD) to conduct a comprehensive survey of constructions in and around the Jama Masjid area and to take action against any illegal encroachments found during the exercise.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the civic body to complete the survey within two months and proceed in accordance with law if any unauthorised construction is detected.
Disposing of the public interest litigation (PIL), the Bench observed, “We direct the appellate authorities of the MCD to take into consideration the averments made in this petition, verify the same, and conduct a survey within two months. If any illegal construction is found, appropriate action as warranted under law shall be taken.”
The order was passed on a PIL filed through Advocate Hemant Choudhary on behalf of the local residents of Old Delhi, seeking removal of alleged encroachments on public parks and public land belonging to the MCD, as well as illegal constructions in the vicinity of Jama Masjid.
The petition alleged that public land has been encroached upon by illegal parking facilities, hospitals, hawkers, and commercial stalls, and that open spaces around the mosque have been occupied through unauthorised private constructions.
It further claimed that cold drink shops were operating on minarets and paid washrooms had been constructed, in violation of heritage and municipal norms.
The petition also alleged that the Shahi Imam of Jama Masjid and his relatives had encroached upon open areas by constructing private houses, and that the Waqf property was being commercially exploited.
It was contended that cafés were being run on terraces overlooking the mosque, in violation of religious sanctity and heritage protection norms.
While the petition enclosed photographs purportedly showing illegal constructions and encroachments, the Court clarified that no definitive conclusion could be drawn solely on the basis of photographs and therefore directed the MCD to independently examine the matter.
Jama Masjid, one of the largest mosques in India, is a protected monument of national importance and is entitled to protection against damage, disfigurement, or destruction under applicable laws, the petitioner said.
It was further stated that the mosque falls under the control of the Delhi Waqf Board, and that commercial exploitation of waqf property is impermissible.
. SNG .