Unauthorized Mosques: Delhi HC Asks Railway to Provide Land Records

The Delhi High Court has directed the railways to provide records related to removal notices affixed to two mosques at Tilak Marg and Babar Road, citing them as “unauthorized” structures on railway land.

Justice Prateek Jalan granted the administration additional time to respond to the petition filed by the Delhi Waqf Board, asserting that these notices were “generic.” The board contends that the Masjid Takia Babbar Shah near the Railway Bridge at Tilak Marg and Masjid Bachchu Shah, also known as Bengali Market Mosque, are not unauthorized, and the land does not belong to the railways.

The single bench expressed surprise at the lack of specific details on the notices and directed the relevant records to be presented to the court, stating, “I want to see how the railway administration is issuing notices without mentioning property, date.”

The central government counsel stated that the notices were issued by railway authorities and were done so with the full knowledge of the concerned parties. He requested the opportunity to file an affidavit and assured that the notices were posted with full knowledge.

The court granted four weeks for the filing of a counter affidavit at the request of the respondent’s counsel and ordered the production of the relevant records.

Earlier, on July 26, the court issued an interim order instructing the railways not to take any action based on the notices affixed to the two mosques. The court had noted that the notices lacked signatures, did not specify the issuing authority, and could have been attached to any structure.

The petition, which aims to quash the notices attached to the mosques, argues that both the Bengali Market Mosque (approximately 250 years old) and the Tilak Marg Mosque (400 years old) have been in existence for centuries and have duly registered agreements from 1945 transferring their management to the Sunni Majlis Auqaf. The petition asserts that the mosques are not unauthorized and that the notices threaten their existence.

The petition also highlights previous instances of waqf properties being demolished and expresses concerns about the intent to demolish the mosques or waqf properties in this case.

The matter is scheduled to be heard next on January 30, 2023.