Demolition around 500-year-old Delhi dargah: ‘Waqf board’s stand ‘in stark contrast to earlier report’, says Delhi HC

The HC was dealing with a petition objecting to the demolition of structures by civic authorities around the waqf property of the nearly 500-year-old Hazrat Bhure Shah dargah near Nizamuddin. The dargah is situated at Amir Khusro Park opposite Masjid Chakkar Wali, Neela Gumbad.

Justice Sachin Datta, however, recorded in an order on September 4 that the stand taken by the Delhi Waqf Board before the Delhi HC now “is in stark contrast to its stand reflected in the earlier inspection report” filed by the body in 2023.

In a petition by Yusuf Baig, mutawalli (caretaker) of the dargah, it was contended that the dargah has existed for 500 years and that the dargah, as well as the land around it, was notified as Waqf land in the Delhi Gazette on December 30, 1976.

According to Baig, the Public Works Department (PWD) demolished a structure of the dargah on April 1, 2023, in preparation for the G20 Summit, without any prior notice. He was also seeking Rs 10 lakh as damages for the unlawful demolition, which the Delhi HC has now refused.

Nineteen days later, following the allegations by the dargah, the Delhi HC had ordered an inspection of the premises by representatives of the PWD, Municipal Corporation of Delhi (MCD), Southeast Delhi District Magistrate, Land & Building Office (L&DO), and the Waqf Board.

In a compiled inspection report submitted before the court in July 2023, all but the Waqf Board had ruled that the dargah falls in the right-of-way of Mathura road and is an encroachment over public land.

The Waqf Board, on the other hand, had said: “The old record of Waqf property in question clearly shows that there was no encroachment by the said Dargah and the impugned demolition has been carried out unlawfully, causing serious damage to the Waqf property in question.”

The religious committee meeting in July 2023 recorded that the alleged encroachments are structures like qabars (graves) without a boundary wall, which hinders the movement of pedestrians. It had recommended at the time that “the qabars/mazars in question may be relocated to another suitable place as they are bang on the footpath”.
On May 8 this year, the Waqf Board changed its stance.

Referring to the 2023 meeting, it said the recommendations of the religious committee to clear the structures “is fair, balanced and reflect a sensitive yet practical approach”. It also told the court that “there is no record available with the Delhi Waqf Board indicating the existence of any authorised rooms or permanent structures at the site in question”. It admitted that there is no map in the gazette notification about the said mazaar, “leading to confusion over the precise location and boundaries of the said Waqf land on the ground”.

Disposing of the plea, Justice Datta recorded: “In the circumstances, this court remands the matter back to the Religious Committee to consider the matter in the light of the intervening developments in the aftermath of its meeting held on 17.07.2023 and take a considered decision in the matter. The Religious Committee shall consider the stand/version of the authorities (including the Delhi Waqf Board) as also the stand of the petitioner (Baig)…”