Objections On Sunehri Bagh Masjid Removal Will Be Considered As Per Law: NDMC To Delhi High Court

The New Delhi Municipal Council (NDMC) on Wednesday informed the Delhi High Court that the public objections against the proposed removal of Sunehri Bagh mosque will be considered in accordance with law.

ASG Chetan Sharma appearing for NDMC made the submission before Justice Purushaindra Kumar Kaurav in a plea moved last year by mosque's Imam.

Abdul Aziz, the Imam, challenged NDMC's public notice issued December 24, 2023, asking public to give objections or suggestions on removal of the mosque.

Senior Advocate Viraj R Datar appearing for the Imam submitted that if the concerned authority is directed to decide all the objections in accordance with law, he would withdraw the petition at this stage.

ASG Chetan Sharma submitted that at this stage, no cause arises to deal with the plea as the concerned authority is seized of the matter.

He also said that not only the objections of Imam but those received by similar candidates will also be considered as per law.

Disposing of the plea, the court said that at this stage, the concerned authority has to dwell upon the objections and suggestions received by the public in accordance with law.

Justice Kaurav said that at this stage, the court is not inclined to pass any positive directions in the matter. However, it took on record, Sharma's statement that the objections of the public will be considered in accordance with law.

ASG Sharma submitted that thousands of objections have been received regarding the removal of the mosque and will be dealt with as per law. He said that the Imam has no locus to file the petition as the same can be done only by the Delhi Waqf Board.

On this, the court orally remarked that even someone who is not the Imam can also come to the court as the impugned notice issued by NDMC is a public notice and objections have been invited from all.

Earlier, the Delhi Police told court that the issue of the proposed removal has been sent to the Heritage Conservation Committee (HCC) for its recommendation.

The court was informed that the plea was infructuous as the HCC was seized of the matter and the Imam cannot “anticipate” its decision.

The plea was filed against mosque's removal over the alleged traffic congestion in the area. It was the Imam's case that the mosque is more than 150 years old and a heritage building which is a symbol of cultural legacy travelled through centuries.

Title: ABDUL AZIZ v. NEW DELHI MUNICIPAL COUNCIL & ORS.

Citation: 2024 LiveLaw (Del) 824