The Delhi High Court has issued a significant directive to the Municipal Corporation of Delhi (MCD), ordering a comprehensive survey of constructions surrounding the historic Jama Masjid. The court has mandated the removal of any illegal encroachments, buildings, and stalls found during this exercise.
Court's Directives and Timeline
On Wednesday, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia instructed the civic body to complete the survey within a strict timeframe of two months. The bench was hearing a Public Interest Litigation (PIL) filed by residents of Old Delhi.
The court disposed of the petition with clear instructions. "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 order stated, as reported by legal news agency Bar and Bench.
Background: The PIL and Turkman Gate Tensions
The court order coincides with a tense pre-dawn demolition drive carried out by municipal authorities near the Turkman Gate area, less than 3 kilometers from Jama Masjid. Assisted by police, the drive aimed to remove alleged encroachments near a century-old mosque, leading to clashes in the locality.
During the Turkman Gate operation, four to five police personnel sustained minor injuries after stones were pelted near the Faiz-e-Elahi Masjid, according to news agency ANI. Five people were detained in connection with the incident.
The PIL that led to the High Court's order was filed through advocate Hemant Choudhary. It sought the removal of encroachments on public parks belonging to the MCD and other illegal constructions around Jama Masjid. The petitioners alleged the existence of:
- Illegal parking spots
- Unauthorized hospitals
- Hawkers and commercial stalls on public land
Allegations of Commercial Exploitation and Heritage Concerns
The petition raised serious allegations regarding the commercial exploitation of the revered site. It stated that the Jama Masjid, a protected monument of national importance under the control of the Delhi Waqf Board, is being misused.
The petitioners argued that the Shahi Imam and his associates are improperly using the mosque property for private income, including running cafes on terraces 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 contended.
Jama Masjid, built by Emperor Shah Jahan between 1644 and 1656, is an iconic example of Mughal architecture and one of India's largest mosques. Its massive courtyard can accommodate 25,000 worshippers. As a monument of national importance, it is legally protected from damage, disfigurement, or destruction.
The High Court's intervention underscores the ongoing conflict between preserving historical and religious sanctity, enforcing municipal laws, and addressing urban encroachment in Delhi's densely populated old quarters. The MCD's actions following the two-month survey will be closely watched.
