4 min readNew DelhiFeb 12, 2026 10:32 AM IST
First published on: Feb 12, 2026 at 10:29 AM IST
Hearing a plea seeking directions to curb the “misuse” of public interest litigations (PIL), Delhi High Court, while referring to the demolition of illegal structures around the Faiz-e-Elahi mosque near Turkman Gate, said on Wednesday that it is a “simple issue relating to encroachment removal, passions should not be heightened”.
A division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia was dealing with a petition filed by Mohd Kamran, a resident of Turkman Gate area. Kamran was seeking the court’s directions to frame or update guidelines on filing PILs in the HC to curb their alleged misuse by NGO Save India Foundation, which he claimed was “selectively targeting Muslim religious structures”, constituting discrimination on grounds of religion and abuse of law.
Kamran, through his counsel, submitted that the NGO, in the name of removal of encroachment, has targeted the graveyard beside the mosque, which has been used by the community for decades. He submitted that Save India Foundation’s petitions, by targeting specific religious structures, is “creating law and order situation”.
CJ Upadhyaya, addressing the petitioner, remarked orally, “No encroachments can be permitted around any religious structures, on government land, and land belonging to the public… If any action is intended, opportunity is to be given to the persons concerned… The difficulty is, the masjid committee has perhaps not taken appropriate steps for securing its own property, its own structure. The survey report has been in the public domain since long…”
Addressing Additional Solicitor General Chetan Sharma, representing the Centre, the HC remarked, “The difficulty is this. These are the areas which are infested with encroachments, since long, more than 100 years perhaps. The area is very densely populated… so far as such encroachments are concerned, say the baratghar or the clinic, they must be immediately removed…”
“But if there is a graveyard, that concerns the community… these structures that are standing, whether they are graveyards or not, that needs to be decided. Graveyard does not concern only the masjid committee, it concerns the entire community. So that’s the only concern… And we would also urge, it is a simple issue relating to encroachment removal, passions should not be heightened.”
Disposing the plea, the division bench noted that Delhi HC already has framed rules on filing PILs and in view of these rules, Kamran’s request need not be considered further. It, however, granted Kamran permission to request before the concerned court to join as a party in the already pending petition moved by the masjid committee.
The MCD, on January 6 – following a Delhi HC order directing for removal of illegal encroachments – had removed some structures adjoining the Faiz-e-Elahi mosque on Asaf Ali Road. The HC order had come while it was hearing a PIL filed by Save India Foundation. The MCD action triggered violence; local residents allegedly threw stones, and police responded with mild tear gas. An FIR was registered and 20 people were arrested.
The MCD, on January 6 – following a Delhi HC order directing for removal of illegal encroachments – had removed some structures adjoining the Faiz-e-Elahi mosque on Asaf Ali Road. (Express Photo by Gajendra Yadav) 
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