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This is an archive article published on February 5, 2024

HC asks DDA to maintain status quo on Mehrauli land where mosque was razed

The order came in an application moved by the petitioner, the Managing Committee of Delhi Waqf Board, seeking urgent relief, wherein its counsel advocate argued Monday that demolition action has been taken “illegally” without following due process of law.

DDA Mehrauli demolition driveThe Delhi Waqf Board counsel argued that the action disregards a March 23, 2022, HC order where a “survey was directed” to be conducted with respect to the land in question. (Express photo)

The Delhi High Court Monday asked the Delhi Development Authority (DDA) to maintain till February 12 “status quo” with respect to the land in Mehrauli where a mosque – Akhoondji Masjid — was demolished by the authority on January 30.

A single-judge bench of Justice Sachin Datta, while listing the matter on February 12, said, “…it is directed that till the next date of hearing, status quo shall be maintained in respect of land comprising new khasra numbers…situated in Village Mehrauli…It is made clear that the aforesaid order shall not prevent the DDA/other civic agencies from taking requisite steps in the adjoining areas/land for routine maintenance/restoration/other development works.”

The order came in an application moved by the petitioner, the Managing Committee of Delhi Waqf Board, seeking urgent relief, wherein its counsel advocate Shams Khwaja argued Monday that demolition action has been taken “illegally” without following due process of law. He also argued that the action disregards a March 23, 2022, HC order where a “survey was directed” to be conducted with respect to the land in question.

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DDA’s counsel Sanjay Katyal argued that the petitioner has “no locus to represent the Delhi Waqf Board”, pointing to Delhi government’s January 10 order wherein the concerned Principal Secretary, Home Department (GNCTD), has been appointed as the board’s Administrator till the time it is reconstituted. He further said that the authority’s action was taken pursuant to recommendations of the Religious Committee meeting on January 4.

Meanwhile, Delhi Waqf Board’s counsel said that the board’s CEO, Dr Mohd Rehan Raza, had attended the January 4 meeting wherein he had “raised written objections” to the proposed recommendation.

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