Delhi High Court Orders MCD to Conduct Survey of Alleged Encroachments Around Jama Masjid, Sets Two Months Deadline

Key Points:

The Delhi High Court ordered the Municipal Corporation of Delhi (MCD) on 7 January 2026  to conduct a survey of public spaces near Jama Masjid in Old Delhi within two months to identify any encroachments or illegal constructions and to act as per the law in case of any irregularities.

The order was passed by a Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia, while hearing a PIL filed by local residents who raised concerns over alleged illegal parking, hawkers, commercial activities and constructions near Gates 3, 5 and 7 of the historic mosque.

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The court concluded that a definitive opinion could not be formed solely on the basis of the photographs placed on record, which showed apparent encroachments and unauthorised constructions. The Bench observed, “Certain photos depict apparent encroachments and illegal constructions, but no definite opinion can be formed. We direct the MCD to verify the same. In case any encroachment or illegal use is found, appropriate action warranted under law shall be taken.”

The petition claimed that public parks and open spaces belonging to the MCD around Jama Masjid have been illegally used for parking, hawking, commercial stalls, a hospital facility, paid washrooms and other commercial activities. It also alleged that family members and close associates of the mosque’s Shahi Imam have constructed private houses and commercial units on public land.

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The PIL stated that the Jama Masjid complex is a protected monument of national importance and comes under the control of the Delhi Waqf Board. It contended that the commercial exploitation of waqf property violates religious sanctity and contravenes provisions of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, heritage protection norms of the Archaeological Survey of India (ASI), and the Delhi Municipal Act. Complaints were also raised regarding the operation of cold drink shops on minarets and cafés on terraces overlooking the mosque.

However, the Delhi High Court declined to examine the claims at this stage, stating that the facts must first be verified by the civic authority. The Court ordered, “We dispose of this petition with the direction to 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. In case any illegal construction is found, appropriate action warranted under law shall also be taken.”

The PIL sought protection of public land and heritage sites surrounding Jama Masjid, one of the largest mosques in India, from unauthorised use. The petition was filed through advocate Hemant Choudhary. The MCD has been tasked with determining any violations and taking necessary action.

(SY)

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