Unauthorised construction in Amir Khusro Park removed, High Court told

New Delhi: Unauthorised construction inside the historic Amir Khusro Park in south Delhi has been removed, the Delhi High Court was informed by authorities here.

A bench of Chief Justice Rajendra Menon and Justice V K Rao said as the unauthorised construction there has been demolished, no further orders are required to be passed in the petition by an NGO. 

The bench said if a party has any issue, dispute or claim against any third party, it can work out its remedy in accordance with law.

It was hearing a plea by an NGO which had moved the court against the removal of a night shelter inside the Amir Khusro Park near Sundar Nagar in South Delhi. 

However, the shelter was demolished as the court had not granted it any interim protection. 

The court noted that it had in January this year directed that the costs incurred by the public authorities towards removal of the encroachments and rehabilitation of the encroachers would be required to be compensated by the Delhi Waqf Board.  

For this purpose, an enquiry was ordered to be held by the high court registrar-general before whom the matter was listed on several dates and it has been put up for October 8. 

"In view of our order, that the demolition having been effected, no orders are required to be passed in the writ petition, these applications are closed," the bench said and cancelled the next date before the registrar general. 

The bench had earlier asked the authorities to demolish the illegal construction inside the park and restore it to its original position. 

It had asked the Aga Khan Foundation to develop and carry out landscaping at the park. 

The court had also turned down the submission of the Delhi Waqf Board counsel opposing the idea of allowing the foundation to beautify the park, claiming that the land belonged to the board which can take care of its property.
 
The Aga Khan Foundation is a private, non-profit international development agency founded in 1967, which seeks to provide long-term solutions to problems of poverty, hunger, illiteracy and ill health in various parts of the world. 

The Waqf Board, which claimed to be the owner of the land where the park exists, had submitted a draft policy before the court to manage the property as a 'model green graveyard'. 

The court had said law was the same for everyone and it must complied with, and no illegal construction would be spared.It had said that old structures, which comply with the law, will be preserved while the remaining ones will go. 

The NGO in its plea had said the shelter housed 50-60 children and around 60 women who were left homeless after the demolition in pursuance to a high court order. 

The court had refused to stay the demolition and directed the authorities to ensure that all the homeless were accommodated in another shelter home located in the vicinity. 

The high court had in April 2017 issued directions to the authorities to remove encroachments inside and around the 12.8-acre historic park.