No legitimate Waqf Board properties will be demolished in Mehrauli Archaeological Park: DDA to HC
The grievance of the Board was that while removing the unauthorised structures, the DDA is clearing the Waqf properties which fall within the board's purview and control, and have religious significance.
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The grievance of the Board was that while removing the unauthorised structures, the DDA is clearing the Waqf properties which fall within the board's purview and control, and have religious significance. (Representational/Archive) The Delhi Development Authority recently told the HC that no mosques, archival graves, and other legitimate properties owned by the Delhi Waqf Board will be demolished in the Mehrauli Archaeological Park.
The statement was made by DDA’s counsel before a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula on September 15 in a plea moved by the board.
The grievance of the Board was that while removing the unauthorised structures, the DDA is clearing the Waqf properties which fall within the board’s purview and control, and have religious significance.
During the hearing on September 15, the board’s counsel said that although the power to remove encroachments on the Waqf property lies with the board as per the provisions of the Waqf Act, however the board has no objections to DDA executing this exercise.
“However, the DDA must be restrained from impairing the religious structures, including the archival graves, parts of the mosque, tombs etc. situated in the Park, which belong to the Petitioner,” the board’s counsel said.
The bench noted that DDA’s counsel had on December 23, 2022 made a statement that they will not be demolishing the aforesaid structures and will only proceed on the basis of the demarcation report for the area around the Park.
“Counsel for DDA reiterates the above-noted undertaking and assures that the mosques, archival graves, and other legitimate properties owned by the Waqf Board will not be affected by the demolition,” the September 15 order notes. Taking the statement of DDA’s counsel on record and “binding them to the same,” the bench disposed of the board’s plea.
The genesis of the dispute pertained to a December 12, 2022 demolition order issued by the DDA for removal of structures encroaching upon the Mehrauli Archaeological Park. The demolition drive was being undertaken pursuant to orders of the HC in a 2015 PIL concerning the protection and preservation of the Park, and based on a demarcation report prepared by the DDA.
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