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In the petition, the NGO asserted that despite the alleged encroachment being widely known, the authorities had failed to take any action to address the matter. The organization contended that both the mosque and several shops had occupied the school’s land unlawfully, thereby necessitating immediate intervention to protect the property.
The Delhi High Court, on Wednesday, directed the Municipal Corporation of Delhi (MCD) to investigate whether a mosque and shops had encroached upon a school’s land in the Wazirpur area of northwest Delhi.
The bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela stated, “Accordingly, we direct that the averments made in the writ shall be taken as a representation by the petitioner and shall be considered by the MCD at the appropriate level. The said allegations shall be verified, and a report shall be prepared on the basis of a survey to be conducted by the officials of the MCD.”
The bench issued these directions while addressing a petition filed by the non-governmental organization Save India Foundation. The court ordered MCD to treat the petition as a representation and to take appropriate measures to address the grievances raised. It further directed the MCD to conduct a survey to determine the existence of any illegal construction related to the religious structure and the surrounding shops. The court also instructed MCD to ensure the safety of students in the concerned institution.
During the proceedings, the counsel representing the MCD submitted that the religious structure had existed before the establishment of the school. Additionally, MCD’s legal representative argued that the NGO should have approached the religious committee, which had been constituted following the Supreme Court’s directives issued in September 2009.
Case Title: Save India Foundation v LG Of Delhi (W.P.(C) 4093 / 2025)[Inputs: Hindustan Times]
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