The Bench expressed its displeasure at the situation, opining that the encroachment of public parks cannot be allowed.
“We are not living in a country where there is no rule of law. We are living in the 21st century… Public parks cannot be taken over… What are you telling us in the 21st century? How can this be? Every day, we are asking for preservation of parks. People of Delhi cannot breathe,” Acting Chief Justice Manmohan remarked.
He added that a statutory authority like MCD cannot lose possession of public parks and that the authority holds these parks in public trust.
“If you [MCD] are the owner of the park, you hold it in public trust for the citizens of Delhi. It seems your officers are living in some other world. You cannot lose the possession of a public park,” the judge said.
The matter will be heard next on December 21.
Source: Barandbench
