The Delhi High Court directed the Delhi Development Authority (DDA) to maintain the status quo regarding the disputed land, where a mosque was demolished.
The Court, in a petition filed by the Delhi Waqf Board, listed the matter for February 12, 2024.
The Bench of Justice Sachin Datta observed, “that till the next date of hearing, status quo shall be maintained in respect of land comprising new khasra numbers 115/2, admeasuring 7 bighas and 13 biswas situated in Village Mehrauli, Tehsil Mehrauli, New Delhi”.
Advocate Shams Khwaja appeared for the Petitioner and Standing Counsel Sanjay Katyal appeared for the State.
An application was filed seeking correction of the order, alleging an inadvertent omission. The petitioner argued against the demolition action by the DDA, claiming it was done unlawfully and without due process. However, the DDA countered, asserting the petitioner lacked standing to file the petition, referencing an order issued by the Government of NCT of Delhi on January 10, 2024.
The State argued that the removal of the structure aligns with the Religious Committee's recommendation, with many referenced khasra numbers corresponding to the disputed land. It was emphasized that the DDA's actions were in compliance with Supreme Court orders and the land acquisition for Delhi's development.
The Court noted that the legality of the Religious Committee's recommendation and the subsequent action by the DDA needs further examination with input from both parties. The case, therefore, was scheduled for further consideration on February 12, 2024. Until then, the Court ordered a status quo to be maintained concerning the disputed land. However, the Court held that this order does not impede the DDA or other civic agencies from undertaking necessary steps for routine maintenance, restoration, or other development works in adjacent areas.
Accordingly, the Court listed the matter for February 12, 2024.
Cause Title: The Managing Committee Of Delhi Waqf Board v The Government Of NCT, Delhi & Ors.
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