Delhi High Court scrutinizes authority's move to raze over 100-year-old mosque

Delhi High Court sought clarification on the rationale behind targeting the mosque, emphasizing the need for a clear case and dimensions for any proposed demolition.

Author
Prateek Gautam
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Courtesy: Delhi High Court

The Delhi High Court has directed attention towards the proposed removal of the Shahi Masjid, a historic landmark dating back over a century, alongside a graveyard and school in Dhaula Kuan, amidst claims of encroachment and violation of forest protection laws.

Legal Proceedings

Responding to the Delhi Development Authority's (DDA) plea to lift the stay on coercive action against the site, the court sought clarification on the rationale behind targeting the mosque, emphasizing the need for a clear case and dimensions for any proposed demolition.

Upholding Heritage and Sanctity

The court echoed concerns over the preservation of heritage structures and questioned the basis for removing a mosque with such historical significance, challenging the legitimacy of any such action.

Encroachment vs. Preservation

While acknowledging the importance of maintaining the sanctity of forest areas, the court emphasized the need to balance environmental concerns with the preservation of cultural heritage, asserting that encroachment on forest land cannot be condoned.

Petitioner's Perspective

The managing committee of the Shahi Masjid and Qabristan Kangal Shah argued against allegations of encroachment, asserting that the mosque and associated structures have stood on private land for decades, and contesting the jurisdiction of the religious committee in this matter.

Government's Defence

DDA countered, alleging false claims and asserting the mosque's encroachment on protected forest land. It cited approvals from the Delhi government's religious committee for the mosque's removal, citing ecological sensitivities and past demolition drives in the area.

Call for Fair Process

The petitioner expressed dismay over perceived arbitrary actions by authorities, highlighting the lack of fair hearings and contesting the characterization of the mosque and associated structures as unauthorized.