The Delhi High Court has ordered the Delhi Development Authority (DDA) to maintain status quo till February 12 on the land on which the 600-year-old mosque in Mehrauli was recently demolished.
The order was passed by the single-judge Bench of Justice Sachin Datta, while dealing with an urgent application filed by the Managing Committee of Delhi Waqf Board.
However, the High Court clarified that the status quo order was passed only with respect to the khasra number where the mosque was situated and will not act as a bar on DDA to carry out action on adjoining areas.
Earlier on February 14, 2023, the Delhi High Court had notice on a petition challenging the ongoing demolition drive carried out by the Delhi Development Authority (DDA) near the Mehrauli Archaeological Park.
The Single-Judge Bench of Justice Mini Pushkarna issued notice on a plea filed by the Mehrauli Minorities Resident and Shop Owners Welfare Association, seeking directions for joint demarcation of the area.
The petitioner claimed that DDA was carrying out a demolition drive near the Mehrauli Archaeological Park in Ladha Sarai village, which housed a number of Mosques and Dargahs belonging to the Waqf Board, besides various slums.
The Counsel appearing for the petitioner society submitted that DDA had suddenly started the demolition drive in the whole area without consulting the land owning agency, Delhi Urban Shelter Improvement Board (DUSIB).The petitioner contended that on February 11, Delhi Revenue Minister Kailash Gahlot had directed DDA to stop its anti-encroachment drive in Mehrauli Archaeological Park and announced a fresh demarcation exercise in the area.
The Counsel quoted Gahlot as saying that DDA had used the Revenue department’s demarcation as the basis for its demolition drive, however, the Delhi government had struck down the demarcation after finding shortcomings in it.
The Minister had ordered the District Magistrate (South) to conduct a fresh demarcation of the land and inform the DDA about it immediately, the petitioner society pointed out.
The Counsel representing DDA submitted that action for demolition was conducted in terms of orders passed by a Division Bench of the High Court in a public interest litigation titled Delhi Waqf Board vs Delhi Development Authority & Anr.The High Court was further told that directions have passed by the Division Bench from time to time to make the Mehrauli Archaeological Park area free from encroachments.
He further contended that on December 23, 2022, a Division Bench of this High Court had taken note of DDA’s stand that demolition would be carried out only as per the demarcation report of 2021 and refused to grant any interim stay.