The Delhi High Court on Wednesday directed the Municipal Corporation of Delhi (MCD) to undertake a comprehensive survey of constructions in and around the Jama Masjid premises within two months and initiate statutory action for the removal of encroachments or unauthorised structures found during the exercise.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order while disposing of a petition filed by Advocate Hemant Choudhary on behalf of the residents of Old Delhi.
The plea sought judicial intervention for the removal of alleged encroachments from public parks and land vested in the MCD, as well as unauthorised constructions in the immediate vicinity of Jama Masjid. It contended that public land had been misused for commercial and non-permissible activities, including illegal parking facilities, hospitals, hawking zones, and other commercial stalls, in violation of the Delhi Municipal Corporation Act, 1957 and allied municipal regulations.
It further alleged that open and common areas surrounding the mosque had been encroached upon through the construction of private residential structures by the Shahi Imam and his family members. Additional allegations included the operation of commercial establishments such as beverage outlets on the minarets and the running of paid public washrooms, purportedly without statutory approvals and in contravention of civic and heritage norms.
The High Court observed that the competent and appellate authorities of the MCD were duty-bound to examine the allegations raised in the plea, verify their factual and legal correctness, and proceed strictly in accordance with applicable municipal and heritage protection laws in the event of any illegality being detected.
It clarified that the direction was necessitated in view of the nature of the allegations, which pertain to public land, civic amenities, and a monument of national importance, thereby engaging broader considerations of public interest, urban governance, and heritage conservation.
The petitioners contended that since Jama Masjid was notified as a protected monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the mosque and its regulated and prohibited areas were entitled to protection against unauthorised construction, damage, disfigurement, or commercial exploitation, in accordance with the statutory framework and guidelines issued by the Archaeological Survey of India (ASI).
The petition further raised issues concerning the management and use of waqf property, asserting that Jama Masjid fell under the control of the Delhi Waqf Board in terms of the Waqf Act, 1995. It contended that any commercial activity carried out on or around the mosque without due authorisation amounted to impermissible exploitation of waqf property and violated established principles governing religious endowments. The plea alleged that such activities also offend constitutional values relating to the preservation of religious institutions and public heritage.
While the petitioners placed photographic material on record to substantiate their claims, the Court noted that such material, by itself, was insufficient to arrive at definitive conclusions. It ordered a formal survey and factual verification by the statutory authority vested with jurisdiction, rather than recording any prima facie findings.
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