Supreme Court Dismisses Plea Against Demolition Of Faizyab Masjid In Delhi, Allows To Approach Court If Alternative Land Not Allotted

The present SLP was filed against the Delhi High Court's order directing the Union to consider the request for allotment of an alternate plot of land as close to the plot in question as possible. The petitioner pleaded that the High Court effectively permitted the demolition of the said structures through its impugned order.

At the outset, the bench of Justices Sanjiv Khanna and R. Mahadevan pointed out that the Religious Committee recommended the demolition.

“Religious Committee has recommended demolition because it is required for larger public good. Yes, they were not otherwise demolishing but now bus station has to be…how many matters will come up on the same cause of action?.,” said Justice Khanna.

When the petitioner's counsel said that the land was a waqf property, the Court categorically denied it. The Bench also said that it can always examine the order of the Religious Committee. It added that it is an encroachment on government land.

In view of this, the Bench dismissed the SLP; however, it made it clear that in case of non-allotment of an alternative worship site, it will be open for the petitioner to approach the Court.

In the petition, it was also argued that the Religious Committee illegally recommended the removal of the Masjid Madarsa when it is an admitted fact that the said Masjid and Madarsa are waqf properties.

“That the meeting of the Religious Committee held on 02.04.2024, was held without considering the crucial fact that the waqf property in question is a duly registered waqf and could not be demolished as it was not an encroachment and did not fall within the jurisdiction of the Religious Committee whose remit is to consider encroachments on public land.,” it added. 

In view of this, the petitioner pleaded for the following interim prayers:

“Stay the Order dated 19.07.2024 passed by the Hon'ble High Court of Delhi in LPA No. 592/2024;

Direct that Status Quo be maintained in respect of the waqf in question being Waqf land measuring 1 Bigha, 3 Biswa for Madarsa and Masjid Sarai Kale Khan, Bhehlolpur Khadar, Khasra No. 17, Hazrat Nizamuddin, New Delhi, was registered with the Delhi Waqf Board as Registration No. 657 on 14.09.1989, covering 1 Bigha 3 Biswa including Mosque and Madarsa during the pendency of the present SLP.”

Case details: REHAN ELAHI Versus DELHI DEVELOPMENT AUTHORITY (DDA) AND ORS., Diary No. 32872-2024

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