The Delhi High Court on Tuesday issued notices to multiple government bodies including the Ministry of Urban Development, the Municipal Corporation of Delhi (MCD), and the Delhi Waqf Board on a petition challenging an order for demolition of alleged encroachments near the over 100-year-old Masjid Syed Faiz Elahi and graveyard at Turkman Gate in Old Delhi.
Justice Amit Bansal directed the authorities to file their responses within four weeks and listed the matter for further hearing on April 22, observing that the “matter requires consideration”.
The site drew renewed scrutiny after it emerged that suicide bomber Umar Un Nabi had reportedly visited the mosque and remained there for over 10 minutes before carrying out a car bomb explosion near Red Fort on November 10, 2025. The high-intensity blast claimed 15 lives.
Two days after the attack, on November 12, 2025, a division bench of the Delhi High Court, acting on a public interest litigation filed by NGO Save India Foundation, had directed the MCD and Public Works Department (PWD) to remove around 38,940 square feet of encroachments in the Ramlila Ground area, including those adjoining the mosque.
In compliance with that order, the MCD issued a notice on December 22, declaring that all structures beyond the 0.195 acres (934 sq. yards) of leased land were unauthorized and liable to be demolished. The MCD claimed that neither the mosque managing committee nor the Delhi Waqf Board had provided documentary evidence to support ownership or legal possession of the remaining land.
The current petition, filed by the mosque’s managing committee, challenges this order, contending that the land beyond the leased portion forms part of a notified waqf property and falls under the exclusive jurisdiction of the Waqf Tribunal under the Waqf Act. The petitioners say they are using the land with the Waqf Board’s permission and have been paying lease rent accordingly.
The petitioners have alleged that neither they nor the Waqf Board were made parties to the PIL proceedings that led to the demolition order. They also claimed the October 2025 joint survey conducted by civic authorities was done without giving them a hearing.
Their counsel clarified before the court that the managing committee does not object to the removal of unauthorized structures such as the “baraat ghar” and a diagnostic clinic—which have already stopped operations—but raised concern only about the graveyard situated on the land.
Counsel for the Land and Development Office (L&DO) defended the MCD’s action as legally sound, stating it was in line with the unchallenged November 12 court directive. He added that the Waqf Board’s counsel had been heard during the proceedings. The MCD’s counsel submitted that the original lease, granted on February 15, 1940, was limited to the 0.195-acre portion, and no action was being taken against structures within that area.
According to court records, the encroachments targeted for removal as per the high court’s earlier order include parts of a public road, a footpath, a community marriage hall (“baraat ghar”), a parking lot, and a private clinic.
Authorities had attempted to mark the encroached zones on January 4, 2026, but faced resistance from local residents, necessitating additional police deployment.
The case will now be heard on April 22. The court is expected to weigh whether the Waqf Tribunal or the civil courts are the proper forum to adjudicate disputes over the land, and whether due process was followed before ordering demolition.
