Noting that a public park is not a sustainable long-term location for a night shelter, the Delhi High Court instructed the city's civic authority on Thursday to request the Delhi Urban Shelter Improvement Board (DUSIB) to relocate from the area it currently occupies in Urdu Park near Jama Masjid.

The division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna emphasized that a night shelter situated in a public park should be considered a "temporary phenomenon" to prevent the depletion of green spaces. They directed the Municipal Corporation of Delhi (MCD) to communicate with the Delhi Urban Shelter Improvement Board (DUSIB) and facilitate the evacuation of the park by March.

Further, the Court instructed the MCD counsel to convey that the allocation of space in the park was intended for a limited duration. They emphasized the necessity of alternative accommodation, highlighting that occupying a public park was not permissible. The directive included a request to communicate clearly with the rain basera (night shelter) occupants, outlining the need to vacate and emphasizing the significance of preserving green spaces.

"Find a land for yourself wherever you want. It can be a temporary phenomenon to deal with emergencies... we will lose all green cover to this. You have to shift to alternative space. Dont occupy green area like this," the court told the DUSIB lawyer.

Case Brief:

In the said matter, the Court was addressing a plea filed by Mohd Arslan regarding encroachments within public parks near Jama Masjid in Old Delhi.

During the previous hearing, the court had interrogated the MCD regarding its failure to acquire control of two public parks—North Park and South Park—adjacent to Jama Masjid in Old Delhi. The court emphasized that a statutory authority should not forfeit possession of public parks.

During the hearing, the MCD's counsel reported that the authority has now gained control of the two parks and has subsequently made them accessible to the public for restricted hours during the daytime.

Earlier, the court highlighted the significance of open spaces and greenery as vital breathing zones, particularly crucial during the escalating pollution crisis. The court strongly condemned the act of barring public access by locking the gates of a public park, deeming it "completely unacceptable."

The next date of hearing is on 10th April.