Delhi HC directs authorities not to take coercive action against 100-year-old mosque, madarsa in Dhaula Kuan

The petitioner – the managing committee of Shahi Masjid, Madarsa and Qabristan (graveyard) Kangal Shah located at Kitchener Lake, Dhaula Kuan – moved the high court claiming that the structures had existed for over a century and were in historical use for offering prayers for Muslims and burial and other religious rites.

Petitioner’s counsel Fuzail A Ayyubi drew the court’s attention to a December 11, 1976, gazetted notification wherein the graveyard in question is included in the list of Waqf properties, the court noted. He also placed communications between the Waqf Board and DDA from 1978 onwards with regard to the mosque in question, “which prima facie show that the mosque was treated as Waqf property by DDA also”, Justice Jalan said.

Justice Jalan thereafter directed, “In the meanwhile, having regard to the above documents, and to the fact that the structures are admittedly over one hundred years old, the respondents are directed not to take any coercive action against the subject property until the next date of hearing.” The matter is next listed on January 31, 2024.

The plea was filed in apprehension of any action proposed against the petitioner pursuant to a meeting of the religious committee (appointed by the Delhi government) held on October 20.

The court noted that the petitioner was not a party to the proceedings of the religious committee. While the counsel appearing for the religious committee Arun Panwar had stated that minutes of the meeting are still under preparation, the petitioner, the court noted, had placed an October 13 communication showing that the meeting was to consider the removal of alleged unauthorised religious structures at the said location.