Maintain uniform pathways along busy roads, says Delhi High Court

Stressing on need for uniformly wide pathways for pedestrians, the Delhi HC sought the stand of the Waqf Board on a plea about the presence of a mosque next to a temple on Mathura road

Stressing on the need for uniformly wide pathways for pedestrians, especially along congested roads, the Delhi High Court on Thursday sought the stand of the Delhi Waqf Board on a plea about the presence of a mosque next to a temple on Mathura road that has obstructed the Public Works Department's right of way.

Justice Prathiba M Singh issued notice to the waqf board on a petition by the temple caretakers who moved the high court earlier this month after the authorities sent them a letter over alleged encroachment by the temple near the ITO.

The Delhi government counsel said six-metre width was required for a pathway which was blocked by the temple. The counsel said a mosque also stood adjacent to the temple and a notice has also been sent to the Delhi Waqf Board.

The lawyer said the pathway was 2.5 metres wide right now instead of 6 metres as required.

Call the counsel for the Waqf Board. We will sort it outIt is not possible to walk on the road. The traffic is very heavy. The pedestrian footpath is necessary, the court said.

The pedestrian footpath would be made uniform whether it is a temple or a mosque Considering the fact that the pedestrian pathway needs to be made uniform, issue notice to Delhi Waqf Board, the court stated.

The court said it was of the view that a pedestrian pathway six metres wide needed to be maintained uniformly in order to ensure the pedestrians have a clear space to walk on, especially on a busy road like the Mathura Road in the national capital.

The Delhi government counsel said right since 2012 there was no dispute about the footpath having been encroached and the temple standing in the right of way. The lawyer said the mosque will also receive the same treatment and a notice has already been issued to the waqf board.

The court was also informed there is no space adjacent to the temple which can be allotted to the mosque.

The caretakers and bearers of Sanatan Dharam Mandir/ Prachin Shiv Mandir situated at Jheel ka Piao opposite Link House, Mathura Road, ITO had moved the high court earlier this month, challenging a letter issued in October regarding the encroachment in PWD's right of way by the temple.

The state government earlier informed the court that action was being taken pursuant to an order passed by the Land & Development Office.

On December 2, the court had directed holding a meeting of all stakeholders to consider if the temple can be relocated while clarifying no precipitate action shall be taken for the time being.

The matter will be heard next in January.