The Delhi High Court on Wednesday issued notice on a plea by the Delhi Development Authority (DDA) seeking vacation of stay on taking any coercive action against the over 100-year-old Shahi Masjid, a graveyard and a school situated in Dhaula Kuan.
The DDA said this area forms part of Central Ridge, which is a protected forest, where residential and commercial activities are prohibited. It also said the Delhi government’s religious committee has approved removal of encroachment there.
The high court had earlier directed the authorities to not take any action, as of now, against the mosque, graveyard and the school while hearing a petition apprehending demolition.
Justice Sachin Datta issued notice to petitioner- the managing committee of the Shahi Masjid and Qabristan Kangal Shah situated near Kitchener Lake, Bagh Mochi in Dhaula Kuan- and asked it to file its reply within 10 days on DDA’s application seeking vacation of stay granted on November 2, 2023.
During the hearing, the court sought to know from DDA’s counsel as to whether the encroachment includes the masjid and on what basis the authorities were contemplating removal of the mosque.
“On what basis do you want to take the action? You make a clear and cogent case. Give me the exact dimensions. What is that you want to remove and why?” the judge told the DDA’s counsel and asked the lawyer to explain all these things when the matter is heard again on February 29.
The court said, “The point is if the masjid is in existence for so long, under what law you want to remove it.”
On the point of encroachment, the court made it clear that the sanctity of the ridge has to be maintained and no one can be allowed to encroach upon the forest area.
The petitioner’s counsel submitted there was no encroachment in the area where the mosque is situated.
The court also asked can the religious committee remove a structure which is vintage and is in existence for the last 50-60 years.
The DDA, in its application, contended that the grounds on which status quo order has been granted are untenable and causing serious prejudice to the authorities.
“The petitioner has made false and factually incorrect averments in the writ petition on the basis of which the November 2 order came to be passed,” it said.
“The petitioner has failed to point out that as per the revenue records and the earlier rounds of litigation, it is an encroacher on the government land in Central Ridge, which is an ecologically sensitive area. Continuous demolition drives are being conducted in the area,” the agency said.
It said a representation was submitted to the Deputy Secretary (Home) of the Delhi government by the Director (Horticulture) South East for seeking permission from the religious committee for removal of unauthorised structures in Dhaula Kuan.
Subsequently, a meeting was convened under the chairpersonship of Delhi government’s Principal Secretary (Home) on October 20, 2023 and the religious committee has approved removal of encroachment, it said.
Also Read
The petitioner managing committee, through advocate Fuzail Ahmad Ayyubi, filed the petition in apprehension of action to be taken against the mosque, madarsa and graveyard pursuant to a meeting of the city government’s religious committee held on October 20, 2023 where the property was referred to as an illegal religious structure.
“During these discussions, there was contemplation about demolishing the properties of the waqf known as Shahi Masjid, Madarsa and Qabristan Kangal Shah, all of which have stood for over more than a century and are a waqf property under the management of the petitioner committee,” the plea said.
The petitioner’s lawyer had contended that the property was beyond the remit of the religious committee as it was on private land.
“The respondents had been setting forth its claim on the basis of internal transfer of land, purporting the same as government land in the teeth of the fact that throughout they have admitted the existence of masjid over private land and never staked or came up with any claim or objection over the qabristan while the masjid and madarsa stood over there making it one parcel of land per se,” the plea said.
The petition said the committee is distressed by the authorities’ “arbitrary actions” which incorrectly labelled their mosque, dargah, graveyard and madarsa as unauthorised, despite being recognised as private land and remaining untouched in previous demolitions of unauthorised structures in the area. It said no opportunity for a fair hearing was provided to the petitioner by the authorities.
