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No immediate action against Delhi Mosque until Oct 29, centre tells High Court

The Union government’s standing counsel told the court that electricity and water connections to the mosque had been disconnected to prevent safety risks while demolition work continued in the surrounding area, where heavy machinery was operating.

Amid apprehensions over the potential demolition of a mosque situated within the Jaipur Polo Ground of the Race Course area in New Delhi, the Delhi High Court was on Tuesday orally assured that no immediate action would be taken against the mosque until the next hearing on October 29, while the petitioner alleged that the Waqf Board had failed to take adequate steps to protect it.

Justice Anish Dayal was hearing a petition filed by a worshipper seeking protection against demolition, restoration of unobstructed access for devotees and enforcement of the Waqf Board’s statutory obligations.

The court was informed that an officer had allegedly asked the mosque’s imam to vacate the premises within three to four days, warning that the structure would be demolished, although no formal demolition notice had been issued.

The court sought to ascertain the legal basis for the proposed action and whether it was authorised by any earlier judicial order. “The issue is what is the genesis of action of demolition being taken by the government on this particular piece of land,” Justice Dayal observed, while stressing that the court would also examine whether the mosque enjoyed specific legal protection.

Advocate Sufyan Siddiqui, appearing for the petitioner, contended that the mosque had not been covered by the earlier proceedings concerning the clearance of settlements in the area. He further submitted that its Grade-II heritage status required the authorities to secure the Heritage Conservation Committee’s permission before undertaking alterations or demolition, relying on a notification dated October 1, 2009, and the relevant provisions of Delhi’s Unified Building Bye-Laws.

The Union government’s standing counsel, Ashish Dixit, told the court that electricity and water connections to the mosque had been disconnected to prevent safety risks while demolition work continued in the surrounding area, where heavy machinery, including JCB equipment, was operating. He also informed the court that a temple stood within the same premises, while seeking time to obtain instructions from the authorities.

The petitioner, however, pressed for the restoration of access, stating that worshippers had been prevented from entering the mosque since October 21. The court sought clarity on the restrictions imposed on entry and exit, while indicating that it expected the authorities to refrain from taking immediate action before the next hearing.

Additional standing counsel Farhat Jahan Rahmani informed the court that the Waqf Board had submitted a representation to the Land and Development Office and other authorities on October 19, but it remained undecided. The petitioner had also submitted a representation on October 22.

The court was told that an earlier petition concerning the disconnection of utilities had been dismissed on October 15, although the petitioner maintained that the mosque’s heritage recognition and Waqf notification raised distinct legal questions. The matter was listed for October 29.