No Action on Mosque for Alleged Encroachment- Delhi HC to Railways Administration

The Delhi High Court on Wednesday directed the Railways administration not to take any action following the notices affixed on two mosques in the national capital for the removal of “unauthorized structures and encroachments” allegedly built on railway land.

A single bench of Justice Prateek Jalan directed the Union Government to obtain necessary instructions in response to the plea filed by the Delhi Waqf Board.

The Board challenged the validity of the two notices pasted on the walls of Masjid Takia Babbar Shah and Bengali Market Mosque. These mosques are situated near the Railway Bridge and Babar Road railway line, respectively.

The contention put forth by the Board is that both mosques are waqf properties and that the land underneath them does not belong to the Railways. Additionally, they argue that the mosques are not unauthorized structures.

“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,” the bench stated.

In its plea, the Board has contended that the impugned notices lack specificity as they are generic, unsigned, and undated, and have not been officially sent to the Board.

Despite these deficiencies, the Board asserts that the tone and content of the notices suggest that the respondents are intending to demolish the mentioned mosques.

Furthermore, the Board argues that the Railways’ proposed action to demolish the mosques is driven by malafide intent, and it appears to be arbitrary and capricious without any valid justification.

The notices, though providing a 15-day window, raise concerns due to their lack of proper dating, signatures, and proper delivery to the Board’s office. Instead, they have been merely affixed to the mosques in question.

As a result, the Board apprehends that there is a deliberate plan to demolish the mentioned mosques without any restraint from the respondents, except upon the intervention of this Hon’ble Court, as stated in the plea submitted.