Delhi High Court Issues Notice On Petition Seeking Removal Of Illegal Mosques And Mazars In Public Space

The Delhi High Court today issued notice in a Writ Petition filed under Article 226 of the Constitution seeking the removal of alleged illegal encroachment and constructions at public places in the shape of Mosques, Mazaars, Dargahs, Graves or any other religious constructions in Delhi, causing suffering to the members of the public. 

The Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula sought the reply of the Union of India and the Government of N.C.T. of Delhi along with the other Respondents and adjourned the matter for November 10, 2023. Advocate Parth Yadav along with Advocate Mani Munjal appeared for the Petitioners who hail from different areas of Delhi. 

In the Petition, it is submitted that members of the public are suffering immensely due to illegal and unauthorised construction of Mosques and Mazars in public places, public parks and places of public utility and such illegal activities are rapidly increasing with the intention to capture more and more land illegally, jeopardising national interest.

"Situation is so alarming that such activities might give rise to communal disharmony and is affecting public as well as law and order, but the Respondents are negligent in performing their constitutional responsibilities and duties as no action is being taken against such illegal construction for political reasons," submitted the Petition. 

The Petitioners produced a number of photographs to prove that Mosques and Mazars have been constructed even in the middle of public roads, obstructing pathways and at public places causing inconvenience to the public. "The members of the Muslim community with a view to capture notable area of public land have created artificial graves and are trying to construct mosque within those lands. They are trying to convert those lands cumulatively comprising of a big chunk of land to show the same as Waqf property thereby violating the statutory provisions as well as the direction issued by the apex court", stated the Petition. 

It is further contended that, "They are intending to capture more and more land in the name of ‘so-called Waqf’ even encroaching public land due to which public at large is suffering and is likely to suffer more in future." It was further pleaded that a number of public places Graves/ Mazars/Dargahs are being created/constructed in public parks, pathways, middle of public roads, footpaths, public buildings, bus stands, flyovers, bridges and it is also been found that Mosques have also been constructed on the roadside and other public places without any legal sanction. 

The Petitioners have categorically sought the following reliefs: Necessary action for demolishing/removing the religious structures and direction to ensure that no religious or any type of constructions in the shape of Mosque, Mazaar, Dargah, Graves or any other religious constructions whatsoever name it may be called, are constructed at public land, parks, playgrounds, roads, highways or any other place of public utility are constructed by any person, group of persons, institutions, trusts, waqfs or otherwise by any person/s.

Cause Title: Preet Singh & Ors. v. Union Of India And Ors. [W.P. (C) 2872/2023]