Delhi HC seeks response from NDMC on historic mosque's potential demolition

New Delhi, July 7 The Delhi High Court on Friday directed the New Delhi Municipal Council (NDMC) and Delhi Police to respond to a petition filed by the Delhi Waqf Board, expressing concerns over the potential demolition of a historic mosque that stands strong for over 150 years at the Sunehri Bagh Road roundabout in Lutyens' Delhi.

In a bid to gather accurate information, the court also instructed all parties involved to conduct a joint inspection at the site.

Justice Prateek Jalan has issued a notice on a plea seeking to protect a mosque from potential harm caused by the NDMC while listing the matter for further hearing on August 14.

During the proceedings on Friday, the court also emphasised the need for a practical and holistic approach, urging both parties to adopt a reasonable perspective.

The judge highlighted that indigenous properties are not exempt from acquisition as long as statutory conditions are met. He stressed the importance of treating all religious structures equally and applying consistent policies.

Consequently, the court ordered a joint inspection to take place on July 12 at 3 p.m., with the option for further inspections if necessary.

“Notice shall be issued. The concerned parties are instructed to conduct a joint inspection on July 12, 2023, at 3 pm, and may schedule additional inspections as required. The NDMC is authorised to notify any other relevant authority about the inspection,” the court said.

“The respondents are directed to submit their response to the petition along with the necessary records within a period of two weeks. The report of the joint inspection should be presented as well,” the court ordered.

The petitioner's advocate, Wajeeh Shafiq, informed the court that the authorities had conducted an inspection at the site without the petitioner's presence.

“The inspection was carried out based on a letter from the traffic police requesting the NDMC to assess the feasibility of redesigning the Sunehri Bagh roundabout due to increased traffic issues in the area,” Shafiq argued.

The petitioner argued that the presence of the mosque was not the cause of traffic problems and that the notice for inspection was given less than 24 hours in advance.

The petition further claimed that the mosque's demolition was planned for the week starting July 3, following a pattern of demolishing Waqf properties without following proper legal procedures.

The plea also stated that the mosque had been in existence for over 150 years and served a large number of worshippers, hosting daily prayers, Friday prayers, and Eid prayers. It alleged that the congestion in the area was not due to the mosque but rather due to uncontrolled vehicle parking on both sides of Motilal Nehru Marg.

As counsel for the petitioner urged the court to direct maintenance of status quo, counsel for the NDMC said the apprehension with respect to demolition of the mosque in the near future is misplaced.

Taking the stand on record, the court asked the NDMC to approach it in case of any change.

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