Don’t Take Any Action On Notices Issued To Mosques For Removal Of Alleged Encroachment: Delhi High Court To Railways

The Delhi High Court on Wednesday directed the Railways administration to not take any action pursuant to its notices affixed on two mosques in the national capital for removal of “unauthorized structures and encroachment” allegedly built on the railway land.

Justice Prateek Jalan directed the Union Government to take necessary instructions in the plea moved by Delhi Waqf Board challenging the two notices pasted on walls of Masjid Takia Babbar Shah and Bengali Market Mosque situated near Railway Bridge and Babar Road railway line respectively.

It is the Board’s case that the two mosques are waqf properties and that neither the land underneath the mosques belongs to the Railways nor the mosques are unauthorized structures.

“The said notices are unsigned, undated and do not bear out the authority under which they are issued. For the moment, no action will be taken pursuant to these notices,” the court said.

The Board, in its plea, has submitted that the impugned notices are generic, unsigned, undated and are not sent to it. 

However, from the tenor of the impugned notice it is apparent that the respondents are planning to demolish the mosques under reference, the Board adds.

It has further been contended that the impugned action of the Railways proposing to demolish the mosques is clearly malafide, arbitrary, capricious and without any real reason.

“Because, though the impugned notices give 15 days’ time, however, as the impugned notices are undated, unsigned and not delivered at the office of the petitioner, rather are affixed at the mosques under reference, there is an apprehension that there is a design to demolish the mosques under reference any day and the respondents will not hold their hands unless directed by this Hon’ble Court,” the plea adds.

Advocate Wajeeh Shafiq appeared for the Delhi Waqf Board. CGSC Kirtiman Singh represented the respondents.

Title: DELHI WAQF BOARD v. UNION OF INDIA, MINISTRY OF RAILWAYS & ANR.

Citation: 2023 LiveLaw (Del) 624