Dargah to Idgah: How the Delhi Waqf Board changed its stand in court on properties under dispute

Since then, in at least two cases before the High Court, the Waqf Board has taken positions that contradict its earlier stance. These cases pertain to legal disputes dealing with the demarcation of Waqf properties in Delhi — Shahi Idgah in Sadar Bazar, and Hazrat Bhure Shah dargah (see box).

Khan was the Waqf Board chairperson for around six months in 2016 till he resigned in May that year. He again served as chairperson between September 2018 and March 2020. In November 2020, he was elected chairperson of the board and continued till August 2023.

In August 2023, the board was dissolved following the lapse of its tenure.

In 2016, Khan and others were booked for alleged corruption and irregularities in recruitment to the Board by the CBI. In September 2024, he was arrested by the ED on charges of money laundering in the case.

On January 10, 2024, Ashwani Kumar was appointed by the L-G as administrator of the Board till the time it was re-constituted. In January this year, the L-G appointed a CEO, Azimul Haque, to the Board.

The U-turns

Hazrat Bhure Shah Dargah

According to the petitioner, Yusuf Baig, mutawalli of the dargah, the PWD demolished a structure of the shrine on April 1, 2023, in preparation for the G20 Summit, without prior notice. Baig sought restoration of the demolished structure on the grounds that it was part of Waqf-notified property. The Public Works Department asserted that the mazars (shrine/tomb) around the dargah are a block/hindrance to the use of the pavement and termed it an encroachment.

Original stance: In 2023, at a meeting of the Religious Committee, the Waqf Board had hesitated in opining in favour of the removal of the graves from the footpath, claiming it to be Waqf property. The board also said there was no encroachment and the demolition was “unlawful”.

U-turn: In May this year, it told the Delhi HC that the recommendations of the Religious Committee for clearing the structures “is fair, balanced and reflect a sensitive yet practical approach”.

Shahi Idgah

The dispute was over a proposal to install a Rani Jhansi statue in a park adjoining the masjid by the Delhi Development Authority (DDA). Citing it to be part of the gazette-notified Waqf property, it had termed the action as an “encroachment” and “attempt at illegal construction” by the DDA and Municipal Corporation of Delhi (MCD).

The Waqf Board took opposing stances at two different forums.

Original stance: In September 2022, the Board told the Delhi Minorities Commission that the property where the installation is proposed is gazetted Waqf property — which includes “the entire adjoining areas up to the road from all sides”.

U-turn: In September 2024, a joint inspection by the Waqf Board, DDA, and MCD confirmed the Shahi Idgah measured 31,601 sq yards — matching the area notified as Waqf land in the Delhi Gazette on April 16, 1970. Referring to this, the Board told the Delhi HC in an affidavit that the remaining area around it, including the “park etc, surrounding the Eidgah boundary, belongs to the government/DDA”.