Locking Gates And Denying Access To Public Is Totally Unacceptable: Delhi High Court Directs MCD To Take Over Possession Of Parks Near Jama Masjid From Waqf Board
The Delhi High Court directed the Municipal Corporation of Delhi (MCD) to assume possession of public parks near the Jama Masjid from the Waqf Board. The Court condemned the act of locking gates and denying public access to parks.
In April, last year, the Court had impleaded the Waqf Board as a party to the case after the MCD submitted that the gates to the parks managed by the Municipal Corporation are being operated by the Waqf Board. Thereafter, the Court passed an order directing the Counsel for the Waqf Board to get instruction on whether "the gates of the South and North Block of the park in question have been locked by the Waqf Board or not and whether access to the park in question to the public at large will be provided by the Waqf Board".
In the latest order, the Court emphasised that the Public Trust Doctrine imposes an obligation on the Government to safeguard natural resources, including air, sea, water, and green covers. These resources should not only serve public purposes but should also remain accessible to the general public, the Court observed.
“It has been held time and again by the Courts that the Public Trust Doctrine enjoins upon the government authorities to protect natural resources like air, sea, waters and green cover that must not only be used for a public purpose, but it must be available for use by the general public”, the Bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna observed.
Advocate Mutiur Rehman appeared for the Petitioner, Additional Standing Counsel Jyoti Dutt Sharma appeared for the Municipal Corporation of Delhi (MCD), and Advocate Richa Dhawan for the Respondent.
The case pertained to the management and administration of the Gates to the North and South Park. These parks were adjacent to Jama Masjid and were managed by the Wakf Board rather than the Municipal Corporation. The Court, in its previous orders, allowed the MCD to remove all encroachments. The Court also instructed the Deputy Director of Horticulture and Director of Night Shelter to ensure compliance with the order.
The Court in its recent order, questioned the MCD on their delay in taking back the possession of the North and South Parks.
Furthermore, the Court underscored the significance of green parks for the general public, encompassing individuals of all age groups. The Bench explicitly reiterated the constitutionally enshrined right to life under Article 21.
“The importance of maintenance of green cover in the present milieu needs no emphasis. The open spaces and green cover provide the much needed breathing zones for the people when the society as a whole is grappling with the hazardous scenario of ever increasing pollution. The parks are like an oasis in the concrete jungle that exist in cities. 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 infringement of Right to Life guaranteed under Article 21 of the Constitution of India”, the Bench Noted.
Therefore, the Court directed the Municipal Corporation of Delhi within four weeks from the date of the order.
Accordingly, the Court listed the matter on December 21.
Cause Title: Mohd Arslan v Govt of NCT Delhi
