Take No Motion On Discover To Mosques For Encroachment: Excessive Court docket To Railways

The courtroom noticed that the notices weren’t signed, did not point out which authority issued it

New Delhi:

The Delhi Excessive Court docket immediately directed the Railways to not take any motion pursuant to its notices pasted on two mosques on Tilak Marg and Babar Highway for elimination of “unauthorised” buildings and “encroachment” from its land.

Justice Prateek Jalan granted time to the central authorities counsel, on his request, to take directions on the petition by the Delhi Waqf Board which claimed that the notices had been “generic” and the 2 mosques – Masjid Takia Babbar Shah close to Railway Bridge on Tilak Marg and Masjid Bachchu Shah on Babar Marg, which is also called Bengali Market Mosque, – are usually not unauthorised and the land doesn’t belong to the Railways.

The courtroom noticed that the notices weren’t signed, didn’t point out the authority below which they had been issued, and may very well be pasted on any construction.

“What sort of a discover is that this? Some generic factor… is it being posted in all places? The best way it reads, it may be posted on any (constructing). It doesn’t discuss with any constructing, no date, no nothing,” the courtroom remarked.

“It seems that the discover is a generic discover purportedly issued by the Railway Administration, Northern Railways, Delhi which calls upon the general public to voluntarily take away temples/mosques/mazars from railway land inside 15 days failing which they might be eliminated by the railway administration.

“The stated notices are unsigned, undated and don’t bear out the authority below which they’re issued. For the second, no motion will probably be taken pursuant to those notices,” ordered the courtroom.

The central authorities lawyer stated he would take “clear directions” on the problem, and added, the 2 mosques kind a part of the 123 delisted properties which have been taken over by the Centre from the petitioner.

The courtroom granted time to the Centre’s counsel to take directions on whether or not the notices had been issued by the railways of their present kind.

Advocate Wajeeh Shafiq, showing for the petitioner, submitted that on July 19 and 20, notices had been discovered pasted on the mosques which have been in existence for many years and upon inquiry it was discovered that they had been issued from the workplace of the Divisional Railway Supervisor.

The notices don’t bear any file quantity, date, signature, title or put up of the particular person issuing it, he stated.

Apprehending motion by the Railways, Shafiq urged the courtroom to “bind the arms” of the authorities within the meantime.

The petition stated the Bengali Market Mosque was roughly 250 years and the Tilak Marg Mosque 400 years previous, and the notices affixed to their partitions had been liable to be quashed.

“Each the mosques have been in existence for hundreds of years and there are two duly registered agreements of 1945 between the Governor Normal in Council by means of its agent – Chief Commissioner of Delhi and the Sunni Majlis Auqaf in respect of each the mosques transferring administration of these mosques to the Sunni Majlis Auqaf [petitioner’s predecessor] with none limitation as to tenure. The stated doc exhibits that the Mosques had been in existence and had been operational in 1945 additionally,” the petition stated.

It stated that the Railways of their notices requested the mosques to be faraway from the land inside 15 days.

“Thus, the very existence of the aforesaid waqf property is in jeopardy due to the unwarranted, arbitrary and unreasonable impugned motion of the respondents,” it stated.

The petition additional stated that the 2 mosques cater to numerous worshippers who supply their prayers 5 occasions day by day and that additionally they accommodate greater congregations on Fridays and Eid.

“Neither the land beneath the mosques below reference belongs to the respondents nor the Mosques below reference are unauthorised,” it asserted.

The petitioner additionally stated that in 2023 alone, not less than seven waqf properties have been demolished in a single day in a “brazen show of highhandedness” and within the current case, the apprehension is that the “design is to demolish the mosques/waqf properties in some way.” The matter can be heard subsequent on August 3.

(Aside from the headline, this story has not been edited by Ednbox workers and is printed from a syndicated feed.)

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