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MCD likely to demolish encroachments around ‘100-year-old’ Faiz Elahi mosque today

Delhi High Court Tuesday refused interim stay on the demolition

Faiz Elahi mosque, Faiz Elahi mosque encroachments, MCD, Municipal Corporation of Delhi (MCD), delhi high court, delhi news, India news, Indian express, current affairsThe masjid’s managing committee had, however, contended that there is no ‘baraat ghar’ as such and that a vacant portion of the premises was occasionally being used for marriage functions, and a charitable clinic is being run for needy people at marginal rates.

The Municipal Corporation of Delhi (MCD) is likely to demolish structures surrounding a 0.195-acre land tract housing a dargah and the Syed Faiz Elahi mosque near Turkman Gate on Wednesday after the Delhi High Court on Tuesday refused any interim stay on the demolition.

However, the pre-Independence era mosque, which its managing committee claims to be “more than 100 years old”, is a Waqf property and will remain untouched.

The managing committee moved a petition before the HC after the MCD on January 1 made markings for the planned demolition, and had informed the committee that the demolition will take place on January 7.

The committee, in its petition, sought that an MCD order dated December 22 last year be set aside where the civic body had ruled that any structure beyond a 0.195 acre tract is an encroachment and misuse of public land. The committee, while submitting before the Delhi HC that it has no objection to removal of encroachments, is only seeking the court’s intervention to protect the graveyard adjoining the mosque, which according to it, is beyond the 0.195-acre limit.

In its December 22 order, the MCD had ruled that “by no stretch of imagination, masjid or dargah or graveyard can be used as marriage venue or clinic”, adding that this is a “blatant misuse of public land”. “In view of above any structure beyond 0.195 acre of land is an encroachment and deserves to be removed,” the civic body had ruled.

A joint survey report (JSR) was compiled by the government authorities, acting on a complaint by a Save India Foundation trust and following directions by the HC in November last year to authorities to take appropriate action to remove illegal encroachments in the area. The JSR had reported multiple encroachments in the area, including approximately 2,512 square feet of road and footpath maintained by the Public Works Department (PWD) that had been encroached upon, and another 36,248 square feet of an adjoining Ramleela ground where a ‘baraatghar’ and a private clinic were operating — purportedly encroaching on the said land. The masjid’s committee had, however, contended that there is no ‘baraat ghar’ as such and that a vacant portion of the premises was occasionally being used for marriage functions, and a charitable clinic is being run for needy people at marginal rates.

On Tuesday, the committee’s counsel, senior advocate Kirti Uppal, informed Justice Amit Bansal that the operations of the clinic have now been stopped. The committee further submitted that it has no difficulty if the said encroachments are removed, as also the removal of the ‘baraat ghar’ and the clinic.

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ASG Chetan Sharma, appearing for the Land and Development Office (L&DO), on the other hand, submitted to the court that 0.195 acres (934 square yards) of land was given on lease in 1940 and stated that they are not proposing to take any action for the said area.

Observing that the matter requires consideration, Justice Bansal issued notice to the respondents, including the MCD, Delhi Development Authority, L&DO, PWD and the Delhi Waqf Board. The court will hear the matter next on April 22.

 

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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