No Mosque, Graveyard Or Legitimate Delhi Waqf Board Properties To Be Demolished In Mehrauli Archaeological Park: DDA To High Court

The Delhi Development Authority has assured the Delhi High Court that no mosque, graveyard or legitimate properties owned by the Delhi Waqf Board will be demolished in Mehrauli Archaeological Park in the national capital. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula took the statement on record and bound the DDA to the same. Thus, the court disposed of a petition moved by Delhi Waqf Board against a demolition order issued on December 12 last year by the DDA for removal of various structures encroaching upon the Mehrauli Archaeological Park. The demolition drive was undertaken pursuant to orders of the court in a public interest litigation concerning protection and preservation of Mehrauli Archaeological Park. The activity was based on a demarcation report prepared by DDA. The Board was aggrieved by DDA’s action of removing the waqf properties, contending that they fell within its purview and control and had religious significance.The counsel appearing for the Board submitted that the power to remove encroachments on the waqf property lies with the Delhi Waqf Board in terms of Section 54, 55 and 55A of the Waqf Act, 1995. She further submitted the Board has no objection to DDA executing the demolition exercise but DDA must be restrained from impairing the religious structures, including archival graves, parts of the mosque, tombs etc. situated in the Mehrauli Archaeological Park, which belong to it.On the other hand, the counsel appearing for DDA reiterated its submission made on December 23 last year stating that the structures as mentioned by the Board will not be demolished. The DDA said that it will only proceed on the basis of the demarcation report for the area around the park in question.“Taking the afore-noted statement of DDA’s counsel on record and binding them to the same, the present petition is disposed of along with pending application,” the court said.Advocate Zeba Khair appeared for the petitioner.Standing counsel Shobhana Takiar appeared for DDA along with Advocates Kritika Gupta and Kuljeet Singh. Advocates Raghvendra Upadhyay, Purnima Jain and Vaibhav Tripathi appeared for respondent no. 2.Case Title: DELHI WAQF BOARD v. DELHI DEVELOPMENT AUTHORITY & ANR.Citation: 2023 LiveLaw (Del) 867Click Here To Read Order

No Mosque, Graveyard Or Legitimate Delhi Waqf Board Properties To Be Demolished In Mehrauli Archaeological Park: DDA To High Court

Nupur Thapliyal

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