The Municipal Corporation of Delhi (MCD) is set to carry out a demolition drive on Wednesday, targeting structures deemed as encroachments surrounding the historic Syed Faiz Elahi mosque and a dargah near Turkman Gate. This action comes a day after the Delhi High Court declined to grant an interim stay on the civic body's operation.
Court Refuses Interim Relief, Mosque to Remain
On Tuesday, a bench led by Justice Amit Bansal refused to issue an interim stay on the planned demolition. The court, however, acknowledged that the matter requires detailed consideration and issued notices to several respondents, including the MCD, Delhi Development Authority (DDA), Land and Development Office (L&DO), Public Works Department (PWD), and the Delhi Waqf Board. The next hearing is scheduled for April 22.
Importantly, the MCD's action is limited to structures outside a demarcated 0.195-acre land tract. The mosque and dargah within this leased plot, which the managing committee claims is over a century old, are Waqf properties and will not be touched. The L&DO, represented by ASG Chetan Sharma, confirmed to the court that no action is proposed for this specific leased area.
The Dispute Over Encroachments and Land Use
The controversy stems from an MCD order dated December 22 of the previous year. The order declared that any structure beyond the 0.195-acre plot was an encroachment and misuse of public land. This decision was based on a Joint Survey Report (JSR) compiled by government authorities. The JSR was initiated following a complaint by the Save India Foundation trust and subsequent High Court directions in November to remove illegal encroachments in the area.
The survey reported significant encroachments, including approximately 2,512 square feet of PWD-maintained road and footpath. It also identified about 36,248 square feet of an adjoining Ramleela ground where a 'baraat ghar' (wedding venue) and a private clinic were allegedly operating.
The MCD, in its order, strongly objected to the land use, stating, "by no stretch of imagination, masjid or dargah or graveyard can be used as marriage venue or clinic," calling it a "blatant misuse of public land."
Mosque Committee's Stance and Legal Petition
The mosque's managing committee moved the High Court after the MCD marked structures for demolition on January 1 and informed them that the drive would occur on January 7. Represented by senior advocate Kirti Uppal, the committee clarified its position in court.
The committee stated it has no objection to the removal of genuine encroachments. Its primary plea was to protect a graveyard adjoining the mosque, which it claims falls outside the 0.195-acre limit. Regarding the cited structures, the committee contended that there is no formal 'baraat ghar,' but a vacant portion was occasionally used for marriage functions. It also stated that a charitable clinic serving needy people at marginal rates was being run. During the hearing, counsel Uppal informed the court that the clinic's operations have now been stopped. The committee submitted that it has no difficulty if the alleged encroachments, the 'baraat ghar,' and the clinic are removed.
The legal battle highlights the ongoing tension in Delhi between preserving religious and historical structures and the civic authority's mandate to reclaim public land from unauthorized occupation. The outcome of the April hearing will determine the future of the disputed land surrounding this pre-Independence era mosque.
