Delhi High Court orders survey of encroachments around Jama Masjid
Court has said that MCD is duty-bound to examine the allegations, verify their correctness, and proceed in accordance with applicable municipal and heritage protection laws.
The Delhi High Court has ordered a probe into encroachments in and around Jama Masjid, saying that “if any illegal construction is found, the law must take its course."
Municipal Corporation of Delhi (MCD) has been directed 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.
"We direct the appellate authorities of the MCD to take into consideration the averments made in this petition, verify the same, and conduct a survey within two months. If any illegal construction is found, appropriate action as warranted under law shall be taken", the order reads.
A bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia has issued said direction in a petition filed by residents of Old Delhi. High Court was told that public land was being 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 argued that open and common areas surrounding the mosque had been encroached through the construction of private residential structures by the Shahi Imam and his family members. Court was further told that commercial establishments such as beverage outlets on the minarets and the paid public washrooms, were running without any statutory approvals.
Since Jama Masjid has been notified as a protected monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the plea argued that 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 relied on photographic material which the High Court Court found to be insufficient. It ordered a formal survey and factual verification by the statutory authority vested with jurisdiction, rather than recording any prima facie findings.