Delhi HC rejects imam’s plea for utilities at Race Course mosque
The Delhi High Court has declined to order the restoration of electricity and water supply to the Race Course mosque, a Waqf property near the Prime Minister’s official residence, after the utilities were disconnected on October 7.
Justice Saurabh Banerjee dismissed the plea filed by the mosque’s imam, Mohd Haroon, on October 15. Haroon, who lives in a hujra attached to the mosque, had moved the court on October 12 seeking restoration of the connections.
The New Delhi Municipal Corporation told the court that the connections could not be restored as demolition work in the area, including the removal of jhuggis, was still under way. It also said there was an element of public harm involved and that the Land and Development Office, which is overseeing the demolition and will take possession of the land, had not been made a party to the petition.
The court noted that the Delhi Waqf Board, described as the original occupant of the premises, had not challenged the disconnection. It also held that Haroon, as an imam appointed by the board, had no right to the premises and could not claim that the disconnection violated his fundamental rights.
The court said the petition involved serious disputed questions of fact, including Haroon’s right, title or interest in the property and whether the mosque fell outside the scope of an earlier High Court judgment. It said these issues were beyond the scope of a writ petition.
The mosque is a Grade II heritage structure, notified in 2009. It is located inside the Race Course Club, spread over about 53 acres near 7, Lok Kalyan Marg. The club and the slums around it are being cleared following several rounds of litigation.
The Centre has cited national security as the reason for taking possession of the area. The mosque was not a party to the litigation over the eviction of the Race Course Club and around 700 slum dwellers, who have since been shifted to Savda Ghevra, about 50 km away.
Haroon has alleged that Land and Development Office officials asked him to vacate the premises within six days. He said a warning notice had been put up at the site and the path to the mosque had been closed.
He also accused the Waqf Board of failing to act on his complaints for about six months, apart from writing to the NDMC.
On October 8, the Waqf Board wrote to the NDMC seeking restoration of the utilities, saying they were disconnected without prior notice or any apparent valid reason. The board said all dues had been paid and that the mosque had held a lawful electricity connection since 1976.
On October 19, the board wrote to the Land and Development Office seeking protection for the mosque and its adjoining graveyard and restoration of power and water.
According to a Delhi Administration gazette notification dated September 8, 1977, the mosque and graveyard are Waqf property. The Waqf Board and the imam say the mosque is more than a century old and can accommodate about 800 worshippers.
AIMIM chief Asaduddin Owaisi urged Union Minority Affairs Minister Kiren Rijiju to intervene, saying the matter required the minister’s attention as the Waqf Board had not had an elected body since 2023.
A delegation of the Jamiat Ulama-i-Hind met Rijiju and submitted a memorandum seeking that no demolition action be taken until the legal dispute is settled. Hurriyat chairman Mirwaiz Umar Farooq also expressed concern over the reported eviction notice.