The Delhi High Court issued notice in a plea of DDA seeking a vacation of stay on the demolition of Shahi Madarsa and Qabarstan Kangal Shah in the Ridge area in Dhaula Kuan.
Justice Sachin Datta directed the Managing committee to file a reply in ten days. The matter has been listed on February 29, 2024.
Delhi Development Authority (DDA) moved an application seeking a vacation of stay on any coercive step against Shahi Madarsa and Qabarstan Kangal Shah in Dhaula Kuan, New Delhi.
During the hearing, Justice Datta asked the counsel for DDA,” In what provision you can demolish a structure existing there for long a time.”
“On what basis you want to take action,” the High Court asked.
Counsel for DDA submitted that it is on encroached land in the ridge area near Dhaula Kuan. The religious committee has recommended the action.
“What is the jurisdiction of the religious committee,” Justice Datta questioned.
Advocate Shobhna Takiar said that Madarasa is not protected. Meanwhile, allow us to remove Madarsa.
Court asked, “Is Madarasa distinct from the Mosque?
Let them file a reply, then we will see it, the High Court said.
Advocates Fuzail Ahmad Ayyubi, Ibad Mushtaq and Akanksha Rai appeared for the managing committee.
DDA has stated in the plea that the site in question is part of the Central Ridge, which is a protected forest, residential and commercial activities are prohibited therein. The Central Ridge is the lungs of the city and it is imperative that they are protected and preserved.
Justice Prateek Jalan On November 2, 2023, granted a stay against the proposed action after hearing submissions of the Managing Committee of Shahi Madarsa and Qabarstan Kangal Shah.
“In the meanwhile, having regard to the above documents, and to the fact that the structures are admittedly over one hundred years old, the respondents are directed not to take any coercive action against the subject property until the next date of hearing,” Justice Jalan said in the order.
The managing committee had moved a petition in apprehension of any action proposed against the petitioner pursuant to a meeting of the Religious Committee held on 20.10.2023.
However, It was stated by Additional Standing Counsel Arun Panwar that the minutes of the meeting are still under preparation.
The petitioner had placed on record a communication dated 13.10.2023, which shows that the meeting was to consider the removal of alleged unauthorised religious structures at the said location.
Advocate Fuzail A Ayyubi, counsel for the petitioner, draws my attention to a Gazetted notification of 11.12.1976 wherein the graveyard in question is included in the list of waqf properties.
The petitioner had also placed on record communications between the Waqf Board and Delhi Development Authority (DDA) from the year 1978 onwards with regard to the mosque in question, which prima facie shows that the mosque was treated as waqf property by DDA also.
The High Court had directed the authorities to place their counter affidavits on record within a period of four weeks from today which were filed by the respondents.
The main matter is listed on May 13, 2024, for a hearing. (ANI)
