Delhi High Court Orders To Vacate In One Month Mosque, Madarsa At Hazrat Nizamuddin For Demolition
The Delhi High Court yesterday ordered vacation of a mosque and madarsa situated at Sarai Kale Khan's Hazrat Nizamuddin which are set for demolition by civic authorities. A vacation bench comprising Justice Amit Sharma rejected the plea moved by Faizyab Masjid and Madarsa challenging the decision of the authorities of demolition. The order was passed after the mosque's caretaker submitted...
The Delhi High Court yesterday ordered vacation of a mosque and madarsa situated at Sarai Kale Khan's Hazrat Nizamuddin which are set for demolition by civic authorities.
A vacation bench comprising Justice Amit Sharma rejected the plea moved by Faizyab Masjid and Madarsa challenging the decision of the authorities of demolition.
The order was passed after the mosque's caretaker submitted that the premises shall be vacated within one month and that no one shall make any further endeavor to stall the demolition drive undertaken by the authorities.
“In view of the undertaking given by the caretaker of the petitioner before this Court, respondent Nos. 1 and 2 are directed to grant a period of one month to the petitioner or any other person claiming through it to vacate the subject premises i.e Mosque and Madarsa situated at Khasra No. 17, Bhehlolpur Khadar, Sarai Kale Khan, Harzat Nizamuddin, New Delhi,” the court ordered.
It clarified that no further extension of time shall be granted to the petitioner with respect to the mosque and madarsa as the subject property is required for public purpose.
As the petitioner's counsel sought to withdraw the petition, the court dismissed the plea as withdrawn.
The plea challenged the action of the Delhi Police and Delhi Development Authority (DDA) to demolish the mosque and madarsa on June 13. It was the petitioner's case that the action was illegal, arbitrary and unconstitutional.
Furthermore, the plea also sought a direction on the authorities to supply the petitioner with the copies of the orders, minutes of the meeting and file notings whereby the decision to demolish the masjid and madrasa was arrived at.
The petitioner also sought appropriate time to take appropriate legal remedies against the demolition action and a status quo till the same is done.
Counsel for Petitioner: Mr. Kamlesh Kumar Mishra and Ms. Renu, Advocates
Counsel for Respondents: Ms. Shobhana Takiar, Standing Counsel with Mr. Kuljeet Singh, Advocate for DDA Mr. Arun Panwar, Advocate for Respondent No.1, 3, 6 & 7
Title: FAIZYAB MASJID AND MADARSA v. RELIGIOUS COMMITTEE AND ORS.
Citation: 2024 LiveLaw (Del) 718