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Synopsis

The Delhi High Court has recently directed the New Delhi Municipal Corporation (NDMC) to file reply in a plea by the Delhi Waqf Board challenging the notice of demolition of a mosque located at the Sunheri Bagh Road roundabout.

The bench of Justice Prateek Jalan also directed the NDMC to conduct another joint inspection of the mosque in the presence of the members of the DWB and submit the report along with NDMC's response.

"At this stage, learned counsel for the parties agree that a further inspection may be carried out in the presence of the representatives of the petitioner so that the petitioner’s views can also be taken into account", the single-judge bench observed.

The counsel for the petitioner board contended that the members were unable to attend the earlier joint inspection because the communication was only received by the relevant officer after the inspection had already taken place.

On the contrary, counsel for NDMC contended that it received a request from the Additional Commissioner of Police Traffic to assess the redesign of the aforementioned roundabout for invoking suitable traffic engineering interventions to maintain smooth and safe flow of traffic in the area and therefore, NDMC arranged a joint inspection.

Taking note of the submissions, the court held, “The parties are directed to hold a joint inspection on 12.07.2023 at 3:00 PM and may also fix any further inspection as deemed necessary. The NDMC is at liberty to give notice of the proposed inspection to any other authority as it may consider necessary”.  It also ordered that status quo be maintained in respect of the property in question until the next date of hearing i.e. August 14.

Case Title: Delhi Waqf Board v. New Delhi Municipal Council & Anr.