New Delhi [India], January 7 : The Delhi High Court on Wednesday observed that if any illegal construction is found, appropriate action in accordance with law shall be taken, while directing the Municipal Corporation of Delhi (MCD) to conduct a comprehensive survey of constructions in and around the Jama Masjid area and remove encroachments if found to be unlawful.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia disposed of a public interest litigation (PIL) with a direction to the MCD to verify the averments raised in the petition and complete the survey within a period of two months.
The Court made it clear that the civic body must take consequential action under law in case illegal constructions, encroachments, or unauthorised commercial activities are detected.
"We dispose of this petition with the direction to the appellate authorities of the MCD to take into consideration the averments made in this petition and to verify the same by conducting a survey within two months," the Bench said.
The PIL was filed by local residents of Old Delhi, alleging large-scale encroachment on public parks and open spaces belonging to the MCD in the vicinity of Jama Masjid.
Relying on the petition copy, the plea alleged illegal constructions, unauthorised parking operations at several gates of Jama Masjid, commercial exploitation of public land, illegal hawking, and misuse of Wakf property.
The petition also claimed that chemist shops, unlicensed hospitals, parking facilities, cafes, and commercial stalls were being run without valid permissions, including in park areas and other public spaces, causing obstruction and damage to the heritage character of the historic monument.
The petition further highlighted that Jama Masjid is a protected heritage structure of national importance and that unchecked commercial activities, encroachments, and unauthorised constructions around it violate heritage protection norms and civic laws.
The plea sought immediate removal of encroachments, a halt on alleged illegal commercial exploitation, and strict action against unauthorised constructions and activities in and around the monument.
Advocate Hemant Chaudhary appeared for the petitioners and submitted that repeated complaints had yielded no effective action, necessitating judicial intervention to safeguard public land, parks, and the heritage site. Taking note of these submissions, the High Court directed the concerned authorities to act strictly in accordance with the law after verifying the allegations through a detailed survey.