NEW DELHI: The Delhi High Court on Wednesday directed the Railways to not take any action on its notices to two mosques in the city Masjid Takia Babbar Shah near Railway Bridge and Bengali Market Mosque on the Babar Road railway line for removal of “unauthorised” structures and “encroachment” from its land.
The direction was following the challenge by the Delhi Waqf Board against the notices affixed on the worship places for the removal of “unauthorised structures and encroachment”. As the board argued that the mosques are not unauthorised and the land does not belong to the Railways.
The court observed that the notices were not signed, did not mention the authority under which they were issued, and could be pasted on any structure. The court observed that the notices were not signed, did not mention the authority under which they were issued, and could be pasted on any structure.
“What kind of notice is this? Some generic thing’ Is it being posted everywhere? The way it reads, it can be posted on any (building). It does not refer to any building, no date, no nothing,” the court remarked. Justice Prateek Jalan granted time to the central government counsel, on his request, to take instructions on the petition. The petitioner said the Bengali Market Mosque was approximately 250 years old and the Tilak Marg Mosque 400 years old. Railways in their notices had asked the mosques to be removed from the land within 15 days, it was pointed out by the board.
“It appears that the notice is a generic notice purportedly issued by the Railway Administration, Northern Railways, Delhi which calls upon the public to voluntarily remove temples/mosques/mazars from railway land within 15 days failing which they would be removed by the railway administration. “The said notices are unsigned, undated and do not bear out the authority under which they are issued. For the moment, no action will be taken pursuant to these notices,” ordered the court.
The central government lawyer said he would take “clear instructions” on the issue, and added, the two mosques form part of the 123 delisted properties that have been taken over by the Centre from the petitioner. The court granted time to the Centre’s counsel to take instructions on whether the notices were issued by the railways in their current form.
Advocate Wajeeh Shafiq, appearing for the petitioner, submitted that on July 19 and 20, notices were found pasted on the mosques which have been in existence for decades and upon inquiry it was found they had been issued from the office of the Divisional Railway Manager.
Seven waqf properties demolished this year
The petitioner also said that in 2023 alone, at least seven waqf properties have been demolished overnight in a “brazen display of highhandedness” and in the present case, the apprehension is that the “design is to demolish the mosques/waqf properties somehow.” The matter would be heard next on August 3.