Take action against ‘encroachment’ around Jama Masjid: Delhi HC to MCD

Additionally, the petitioners have claimed that an e-rickshaw charging station running at gate 4 of the mosque, a chemist shop and hospital being run in the area surrounding the masjid are all illegal.

The Delhi High Court on Wednesday directed the Municipal Corporation of Delhi (MCD) to conduct a survey and verify allegations of unauthorised construction and encroachment in and around Jama Masjid, including on the civic body’s parks surrounding it.

During the Public Interest Litigation (PIL) hearing on Wednesday, taken up before a division bench of Chief Justice DK Upadhyaya and Justice Tejas Karia, MCD submitted that it is undertaking regular anti-encroachment drives in the area, while maintaining, “There are no encroachment on the (MCD) parks, there are only some pigeons.”

Disposing of a PIL filed by four local residents of Jama Masjid area, represented by advocate Hemant Choudhary, the court noted that the petition alleges encroachment on public parks, which according to the petitioners, belongs to MCD, and also around Shahi Jama Masjid.

While referring to photos put forth in petition claiming the same to be encroachments and illegal constructions, the court recorded, “However no definite opinion can be formed on the basis of the said photographs.”

The court went on to direct MCD to take into consideration and verify the allegations raised by the petitioners in their representations earlier made to the MCD. Additionally, the court directed the civic body to conduct a survey within a period of 2 months.

“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,” the court directed.

The petitioners have alleged encroachment, illegal parking, running of unlicensed Medicare Hospital and illegal commercial activities ongoing in and around the Shahi Jama Masjid area.

According to the petitioners, an eatery named Gumbad Cafe located right opposite the gumbad (dome) of the Jama Masjid, run by one Syed Bukhari — the shahi imam of the mosque and president of the managing committee of the masjid — is illegal and running without authority.