Delhi HC Reserves Order in Plea Challenging Eviction from Dargah Bhoore Shah
The Delhi High Court, on Thursday, reserves its order in a writ petition filed by one Yusuf Baig challenging an order of eviction from the Dargah Hazrat Bhoore Shah situated in Hazrat Nizamuddin. Baig claimed to be the caretaker of the Dargah and assumed the role after his father passed away. The bench of Justice Sachin Datta presided over the matter.
In an early hearing, Advocate Wajeeh Shafiq, representing the Delhi Waqf Board, informed the court that the Dargah was notified in favour of the Delhi Waqf Board per the notification dated December 30, 1976, and that the notified area measured 1000 square yards.
After examining the photographs and videos of the premises, the court had noted that the structures surrounding the Dargah were already demolished. Therefore, the court had constituted an inspection team to visit the site and submit a consolidated report. The bench meanwhile stayed any further demolition action but directed the cleaning and restoration of the pavement to avoid inconvenience to the pedestrians.
Per ANI News Report, the petitioner relied on a circular issued by the Delhi Government on May 5, 2014, which permitted demolition only of religious structures deemed to be encroachments on public land. He contended that the Dargah had not been classified as such, and hence no lawful demolition could be carried out.
He further contested a letter dated March 15, 2023, relied upon by the authorities, which alleged that an additional shrine or mazar had been constructed on the footpath by the Dargah’s representative. The petitioner submitted that this misunderstanding led the PWD to initiate removal action ahead of the G20 Summit.
For Petitioner: Advocates Javed Ahmed, Firasat Ali Siddiqui, Wasim Ahmad, and Aakriti Aditya
For Delhi Waqf Board: Advocate Wajeeh Shafiq
For GNCTD: Standing Counsel Sameer Vashisht with Advocates Vaishali Gupta and Anubhav Gupta
For Union: Standing Counsel Monika Arora with Advocates Anamika Thakur, Subhrodeep Saha, Tushar Sannu, and Prabhat Kumar
Case Title: Yusuf Baig v Govt (W.P.(C) - 4906/2023)
[Inputs: ANI News]