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Synopsis

The Delhi High Court on Wednesday directed the Railways to not take any action pursuant to its notices pasted on two mosques on Tilak Marg and Babar Road for removal of "unauthorised" structures and "encroachment" from its land.

The bench of Justice Prateek Jalan granted time to the central government counsel, on his request, to take instructions on the petition by the Delhi Waqf Board.

The Board claimed that the notices were "generic" and the two mosques; Masjid Takia Babbar Shah near Railway Bridge on Tilak Marg and Masjid Bachchu Shah on Babar Marg, which is also known as Bengali Market Mosque – are not unauthorised and the land does not belong to the Railways.

The plea contended that the impugned action of the Railways proposing to demolish the mosques is clearly malafide, arbitrary, capricious and without any real reason.

“Because, though the impugned notices give 15 days’ time, however, as the impugned notices are undated, unsigned and not delivered at the office of the petitioner, rather are affixed at the mosques under reference, there is an apprehension that there is a design to demolish the mosques under reference any day and the respondents will not hold their hands unless directed by this Hon’ble Court,” the plea stated.

The single-judge bench observed that the notices were "not signed", did not mention the authority under which they were issued, and could be pasted on any structure.

"What kind of a notice is this? Some generic thing… Is it being posted everywhere? The way it reads it can be pasted on any (building). It does not refer to any building, no date, no nothing," the court remarked orally.

Case Title: Delhi Waqf Board v. Union of India, Ministry of Railways & Anr.