Centre gets time to respond to Delhi Waqf Board plea to preserve heritage properties that are likely to be affected due to Central Vista revamp

Appearing for the Delhi Waqf Board, senior advocate Sanjoy Ghose, urged the court that an assurance be given by the SG with respect to the protection of the properties till then. The judge, however, said that such an assurance would be an “indirect stay” on the ongoing work.

New Delhi: The Delhi High Court Tuesday granted time to the Centre to respond to a plea by Delhi Waqf Board seeking the preservation and protection of its heritage properties that are likely to be affected by the ongoing Central Vista Redevelopment Project.

In its plea, the Waqf Board sought the preservation and protection of six of its properties in the area within which the redevelopment work was ongoing. (PTI)

Solicitor Tushar Mehta, appearing for the Centre, told Justice Sanjeev Sachdeva that he would take instructions on the Board’s petition in a week’s time following which, the court posted the matter for September 29.

In its plea, the board has sought the preservation and protection of six of its properties in the area within which the redevelopment work was ongoing, namely Masjid Zabta Ganj at Mansingh Road, Jama Masjid at Red Cross Road, Masjid Sunehri Bagh Road Near Udyog Bhawan, Mazar Sunehri Bagh Road behind Moti Lal Nehru Marg, Masjid Krishi Bhawan inside Krishi Bhawan Compound and Masjid Vice President at the official residence of the Vice President of India.

Appearing for the Delhi Waqf Board, senior advocate Sanjoy Ghose, urged the court that an assurance be given by the SG with respect to the protection of the properties till then.

“Why should he give an assurance? This is an indirect stay. The project is continuing in a particular fashion. There is a timeline. They would have taken it (the structures) into account,” the court said adding that a stay on the project has already been refused by the Supreme Court and the high court.

Ghose responded that they do not intend to impede the ongoing project but merely sought a “clarification that the government would honour the integrity of these places of worship.”

He said that one of the structures even housed the remains of Dr Fakhruddin Ali Ahmed, the fifth President of India and the father of former high court judge Badar Durez Ahmed.

“The waqf properties, subject matter of the present petition, are all more than 100 years old and are continuously being used for religious purpose. It is not the case that the Government Buildings were built first and thereafter these properties came into existence, to the contrary, these properties were well in existence when the Government buildings were constructed around them or in the vicinity,” said the petition filed through lawyer Wajeeh Shafiq.

Claiming that the six properties “are more than an ordinary mosque and have a distinction attached to them”, the petition states that neither the British government nor the government of India ever created any hindrance in the observance of religious practices at these properties which were always preserved.

“The British Crown transferred few of these properties to the predecessors of the petitioner by way of registered agreements; these waqf properties were also spared when Government buildings were constructed around them or in their immediate vicinity, few of these waqf properties were also withdrawn from the acquisition and their title was allowed to revert to the petitioner,” the plea added.

It said that the representations sent by the board seeking assurance about the properties have not been responded to in spite of the expiry of over two months.