Introduction:

In a recent development, the Delhi High Court has directed the Delhi Development Authority (DDA) to maintain status quo on the land where the 600-year-old mosque, Masjid Akhonji, was recently demolished in Mehrauli. This order comes in response to an urgent application filed by the Managing Committee of the Delhi Waqf Board, alleging an illegal and brazen demolition by the DDA. The court clarified that the status quo is specific to the khasra number where the mosque stood and does not impede DDA’s actions on adjoining areas. The demolition took place on January 30, impacting not only the mosque but also the Madrasa Bahrul Uloom and several graves.

Arguments:

The Managing Committee of Delhi Waqf Board contended that the demolition was carried out unlawfully and in defiance of judicial orders. They claimed that the Imam of the mosque and his family were left without shelter, with their hutment also demolished. The committee argued that the DDA acted without conducting a property survey or providing prior notice. They further alleged mistreatment, including torn copies of the Quran, disallowed belongings retrieval, and lack of protection for records.

On the contrary, the DDA’s counsel questioned the locus standi of the Managing Committee to challenge the demolition. They asserted that the action was based on the religious committee’s recommendation on January 4, which included not only the mosque but also some temples and religious structures. The DDA’s counsel accused the Managing Committee’s argument of giving the matter a religious color.

Court’s Judgement:

The Delhi High Court, presided over by Justice Sachin Datta, directed the DDA to maintain status quo on the land where the mosque stood until February 12. However, the court clarified that this order only applies to the specific khasra number and does not prevent the DDA from taking action on adjoining areas. The court addressed the concerns raised by both parties and emphasized the need for a fair and just resolution.