India Tomorrow
NEW DELHI—The Delhi High Court has directed the Delhi Development Authority (DDA) to allot an alternate plot of land for the 40-year-old Faizyab Masjid and Madrasa in Sarai Kale Khan, Nizamuddin East, within four weeks, providing relief to the religious institution facing the threat of demolition.
The next hearing is scheduled for September 3, 2024, when the court will review the progress made in finding an alternate site and assess any further developments about the issue.
The division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, hearing a Letter Patent Appeal (LPA) filed by Shamshad Ali and others, instructed the DDA to provide a plot of the same size and as close to the present location as possible.
The two-judge bench has overruled a decision by Justice Amit Sharma of the single-judge vacation bench, who had on May 12 dismissed the mosque committee’s plea challenging the DDA’s demolition decision and granted them one month to vacate the premises.
However, the relief comes with a condition. The court directed the mosque committee to vacate the current mosque and madrasa within one week, paving the way for its demolition by the DDA. The court noted that in an earlier submission, the mosque management had agreed to remove the copies of the Quran and other materials from the premises and hand over the mosque and madrasa for demolition.
The mosque was built in 1972 and registered with the Delhi Waqf Board as a Waqf property in 1989.
However, in March-April this year, the local police verbally informed the mosque committee about the Delhi Development Authority’s decision to demolish the mosque and madrasa. DDA had labeled the two properties as unauthorized constructions on public land.
Mosque caretaker Deen Mohammad approached the Delhi High Court, filing an initial petition through Advocate Fuzail Ayubi to prevent demolition.
Justice Sachin Datta issued notices to the DDA and the Delhi Religious Committee, granting interim protection against potential demolition.
But, all of a sudden, Deen Mohammad took a U-turn and through another Advocate Kamlesh Kumar Mishra, requested to withdraw the very petition that had secured protection for the mosques and madrasa.
Justice Amit Sharma accepted the withdrawal and ordered the premises to be vacated within four weeks.
The court order shook the local community leaders. Consequently, an LPA was filed by Shamshad Ali and others through Advocates Sitab Ali Chaudhary and Gufran Ali. The LPA sought the allotment of an alternate plot of land measuring 1150 square yards at the institutional rate for religious purposes.
The petitioners contended in the court that the two religious properties are not encroachments on public land and that the Religious Committee, formed to deal with unauthorized religious structures, does not have the power to make recommendations regarding Waqf properties under the Waqf Act, 1995. They have also raised concerns about the Delhi Religious Committee’s proceedings, pointing out that the same official who heads the committee also serves as the administrator of the Delhi Waqf Board, which currently lacks independent members.
