The Delhi High Court in the case observed wherein it has been assured by the Delhi Development Authority that no mosque, graveyard, or legitimate properties owned by the Delhi Waqf Board will be demolished in the Mehrauli Archaeological Park which being in the national capital.
The Division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula in the case observed and took the statement on record and bound the DDA to the same.
The court in the case observed and had disposed of the plea moved by the Delhi Waqf Board against a demolition order issued on December 12 last year by the DDA for removal of various structures which are encroaching upon the Mehrauli Archaeological Park.
However, the demolition drive was undertaken pursuant to orders of the court in a public interest litigation wherein concerning the protection and the preservation of Mehrauli Archaeological Park. Thus, the activity was based on a demarcation report which is prepared by DDA. Therefore, the Board was being aggrieved by the action of DDA of removing the waqf properties, contending that they fell within its purview and control and had religious significance.
The counsel appearing for the Board submitted before the court that the power to remove encroachments upon the waqf property lies with the Delhi Waqf Board which being in terms of Section 54, Section 55 and Section 55A of the Waqf Act, 1995. Further, it has been submitted by her that the Board has no objection to DDA executing the demolition exercise but DDA must be restrained from impairing the religious structures, which includes the archival graves, parts of the mosque, tombs etc. situated in the Mehrauli Archaeological which belong to it.
On the other hand, it has also been submitted by the counsel appearing for DDA reiterated its submission made last year on December 23, wherein it is stated that the structures as mentioned by the Board will not be demolished.
It has also been stated by the DDA that it will only proceed on the basis of the demarcation report for the area around the park in question.
Accordingly, the court disposed of the plea along with the pending application.
The counsel, Advocate Zeba Khair appeared for the petitioner.
The Standing counsel Shobhana Takiar appeared for DDA along with Advocate Kritika Gupta and Advocate Kuljeet Singh. Advocate Raghvendra Upadhyay, Advocate Purnima Jain and Advocate Vaibhav Tripathi represented the respondent no. 2.