The Imam of the Sunehri Bagh mosque on Saturday moved the Delhi High Court against the proposed demolition of the structure, citing alleged traffic congestion in the area.
Abdul Aziz, the petitioner, challenged a public notice issued by the New Delhi Municipal Council (NDMC) on December 24. The notice sought objections and suggestions from the general public by January 1 regarding the demolition of the mosque.
A vacation bench of Justice Manoj Jain, scheduled the petition for hearing on January 8. The NDMC’s counsel assured that no immediate action would be taken as the final decision rests with the Heritage Conservation Committee (HCC).
The NDMC’s counsel stated, ”Your lordship may simply adjourn this. Nothing is going to happen. The decision has to be taken by the HCC, not by us. We just have to call for suggestions.” He emphasized, ”I can’t even touch a brick without HCC permission.”
The petitioner’s counsel clarified that, at this stage, they were not seeking an interim order and argued that the law does not grant power to the NDMC to remove a heritage structure. ”The court may list the petition before the roster bench. Let them take instructions. I am not asking for any stay order,” he said.
The court raised questions about the locus of the Imam filing the petition instead of the Delhi Waqf Board. The Imam’s counsel explained that the petition was filed to protect the congregation, as the Sunehri Bagh mosque is a functioning mosque.
In the plea, the petitioner highlighted that the mosque, being over 150 years old, is a heritage building symbolizing cultural legacy. The petition argued, ”Various government buildings including Vayu Bhawan, Udyog Bhawan, and Udyog Bhawan Metro Station blended harmoniously with the Sunehri Bagh Masjid, and thus due to these offices, the movement of vehicles started in the area which… clearly shows that these government offices have contributed to the traffic, if any, in that area and not because of Sunehri Bagh Masjid as theorized by NDMC/Traffic Police.”
”The petitioner being the Imam of Sunehri Bagh Masjid is witnessing the condition of traffic in the area. The petitioner submits that the traffic in the area is regulated and when required, barricades are put, and there is no complaint of any resistance of such regulation and barricades from the petitioner or the worshippers,” the plea added.
On December 18, the High Court closed the proceedings in a separate petition by the Delhi Waqf Board, anticipating the demolition of the mosque at the Sunehri Bagh Road roundabout. The court recorded that the parties would act as per the law.
