Delhi High Court orders MCD to conduct survey, remove encroachments in and around Jama Masjid

The Delhi High Court on Wednesday directed the Municipal Corporation of Delhi (MCD) to conduct a survey of constructions in and around Jama Masjid and to remove encroachments, buildings and stalls if they are found to be illegal [Farhat Hasan & Ors Vs Govt. of NCT of Delhi & Ors.].The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the MCD to conduct the survey within two months. “We dispose of this petition with the direction to the appellate authorities to the MCD to take into consideration the averments made in this petition and to verify the averments made therein, to conduct a survey in 2 months. In case if any illegal construction is found, appropriate action is warranted under law shall also be taken,” the Court directed. .The order was passed on a public interest litigation (PIL) petition by local residents of Old Delhi seeking removal of encroachment in public parks that belong to MCD and other illegal construction around Jama Masjid. It was stated that there are illegal parking spots, hospital, hawkers and commercial stalls over public land. Further, it was alleged that open spaces around the mosque have been encroached upon by the Shahi Imam and his relatives by constructing private houses. There were also cold drink shops on the minarets and paid washrooms, it was contended. The petition enclosed photographs showing the illegal construction and encroachment. However, the Court stated that no definitive opinion can be formed on the basis of these photos and directed the MCD to look into the matter..The Jama Masjid in Old Delhi is one of the largest mosques in India and is a protected monument of national importance.It is eligible to be protected against damage, disfigurement or destruction.The petition stated that Jama Masjid is under the control of Delhi Waqf Board property and the Shahi Imam cannot commercially exploit the waqf property by running cafes on terrace overlooking the mosque. “The Imam, his family, and close associates appear to be using the mosque as a private income source, which is a grave violation of religious sanctity, ASI heritage protection norms, and the Delhi Municipal Act,” the petition said. .The petition was filed through advocate Hemant Choudhary. .[Read live coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.