Plea In High Court Challenges Delhi Waqf Board's "Silence" On Alleged Illegal Construction On Graveyard

The Delhi High Court has issued notice on a petition challenging Delhi Waqf Board's "silence" on alleged illegal construction on a graveyard situated at Idgah Road.

The plea filed by one Md. Mazhar Ahmed claims that the site is a notified Waqf property which has been subjected to alienation by way of "fraudulent transactions", resulting in unauthorized construction by desecrating the graves.

He claimed that the alienation and consequent illegal construction is violative of Sections 51, 52, 52A of the Waqf Act, 1995 and Sections 298 & 301 of the Bharatiya Nyaya Sanhita, 2023. He further submitted that Section 104A of the Waqf Act, 1995 completely prohibits any form of alienation of Waqf property and thus sought cancellation of the sale deeds.

At the outset, the Bench comprising Acting Chief Justice Manmohan and Justice Tushar Gedela orally told the Petitioner that Courts do not have the power to annul registered sale deeds.

As the Petitioner agreed to not press this prayer, the bench issued notice on the plea and granted four weeks to the Respondents to file their counter affidavits.

The bench also refused to stay the alleged illegal construction but, ordered that status quo with regard to title of the property shall be maintained.

The matter is now listed on November 11.

Case Title: MOHAMMAD MAZHAR AHMED v. GOVT OF NCT OF DELHI & ORS.

Case no.: W.P.(C)-12763/2024

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