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Delhi High Court tells Delhi govt to treat plea as representation seeking directions against encroachments around Jama Masjid

The Bench asked the concerned authorities to decide, as expeditiously as possible, the grievances ventilated by the petitioner in accordance with law, rules, regulations and government policies applicable on the facts and circumstances of the case, after giving an adequate opportunity of being heard to the concerned parties.

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The Delhi High Court on Wednesday asked the Delhi Government to treat the plea as representation, seeking directions against alleged illegal encroachment within the public parks around the area near the Jama Masjid situated in the national capital.

The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh was hearing a public interest litigation filed by a resident of the area, seeking removal of all illegal and unauthorised encroachments from the public parks situated around the said area. 

The Bench asked the concerned authorities to decide, as expeditiously as possible, the grievances ventilated by the petitioner in accordance with law, rules, regulations and government policies applicable on the facts and circumstances of the case, after giving an adequate opportunity of being heard to the concerned parties.

Background

Filed through Advocates Mohammad Ali and Mutiur Rehman, the plea had alleged that the public parks in the vicinity of the Jama Masjid, including the Urdu Park which is situated around Meena Bazar market near the Jama Masjid, have been encroached upon by miscreants and in a large portion of these parks, ‘Shelter Homes’ have been built by the Delhi Urban Shelter Improvement Board.

It further averred that parking and e-rickshaw charging facilities are also being operated from and within the periphery of these parks, leaving no place for the residents of the area to walk, jog or engage in any recreational activities. 
The plea had highlighted that the petitioner on August 6, 2021, made representations before the concerned authorities, including the DUSIB and the North Delhi Municipal Corporation, but no action has been taken upon his representations till date. 

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In this light, the plea had prayed for removal of all Shelter Homes built inside the alleged public parks by the DUSIB; along with a direction to open these parks for use by the general public. In addition, the plea prays for removal of parking and e-rickshaw charging facilities running in the public parks situated around Jama Masjid. 

The plea had stated, “The conditions of these public parks are being deteriorated day by day and residents of the area are unable to enjoy clean and healthy environment and this is serious issue of concern to human health. The quality of life of the public residing in these areas has been deteriorated to unprecedented levels.”

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