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Synopsis

The Delhi High Court on Friday dismissed a plea filed by the Managing Committee of Delhi Waqf Board, seeking permission for locals to celebrate Shab e-barat on the land where the 600-year-old Akhoondji/Akhunji mosque, graveyard, and madrassa once stood.

The DDA reportedly razed the mosque and Behrul Uloom madrasa in Mehrauli on January 30, claiming the mosque's construction occurred during the Delhi sultanate period.

The Managing Committee sought approval for locals to access the property from 30 minutes before sunset on Sunday, February 25, to 30 minutes after sunrise on Monday, February 26. 

However, Justice Purushaindra Kumar Kaurav  rejected the plea, citing that the court was currently seized with the main writ petition scheduled for March 7.

The Court declined to issue any directions at this stage, considering the present circumstances.

"Admittedly, as of now, the site in question is in the possession of the DDA, and this court is seized with the main writ petition, which is to be heard on March 7. At this stage, this court, under the facts and circumstances of the present case, is not inclined to pass any directions. Accordingly, the application stands dismissed," the Court ordered.

Notably, earlier this month, the court had directed the Delhi Development Authority (DDA) to maintain the status quo on the land, where the historic 600-year-old Akhoondji/Akhunji mosque stood. 

Justice Sachin Datta had clarified that the status quo applies solely to this specific property and doesn't prevent the DDA from taking action against other illegal properties.

The petitioner's counsel, Advocate Sham Khwaja, had argued that the mosque's demolition lacked notice, emphasizing its historical presence for nearly 600–700 years. He alleged the destruction of the madrasa and graveyard and damage to Quran copies during the process.

DDA Standing Counsel Sanjay Katyal had denied the claims, assuring the safekeeping of religious books in officials' custody. The DDA contended that the mosque demolition followed the Religious Committee's recommendations, citing it as an encroachment on forest land.

The court, considering the arguments, had imposed the status quo.

Case Title: Managing Committee of Delhi Waqf Board v. The Government of NCT (GNCT) Delhi & Ors.