Delhi HC restrains MCD from demolition drive adjoining Mangolpuri masjid

The court was dealing with a plea filed by Mangolpuri Muhammadi Jama Masjid & Madarsa Anwarul-Uloom Welfare Association (association) challenging an MCD demolition notice dated June 20

New Delhi

The court also issued notice in the petition, further seeking initiation of contempt proceedings against MCD commissioner for issuing the notice in violation of a high court order on November 18, 2024. (Representational photo/HT Archive)

The Delhi high court on Wednesday restrained the Municipal Corporation of Delhi (MCD) from carrying out further demolition of structures adjoining the Masjid Madrasa Dargah Islamiya mosque in Y Block of Mangolpuri, located in northwest Delhi, until July 9.

The court was dealing with a plea filed by Mangolpuri Muhammadi Jama Masjid & Madarsa Anwarul-Uloom Welfare Association (association) challenging an MCD demolition notice dated June 20. Justice Renu Bhatnagar issued the direction after the association’s lawyer submitted that the civic agency undertook the demolition at midnight after receipt of the petition, despite scheduling the demolition drive for June 25.

The lawyer urged the court to issue directions to maintain the status quo, asserting that a substantial part of the alleged encroached area was removed without conducting a proper inspection of the masjid, irrespective of the association removing the unauthorised structures.

MCD’s lawyer opposed the submission, stating that the demolition action was only undertaken after 10am, following the association’s failure to completely remove the unauthorised structures. The MCD counsel submitted that the demarcation was undertaken in the presence of the association’s officials, police officers and revenue authorities, and the demolition was undertaken pursuant to granting reasonable time to the association to vacate and remove encroached structures.

However, the judge said, “Till 9th July, you (MCD) will not do anything. No further demolition is to be done. I am not putting it in writing.”

On Wednesday, the court also issued notice in the petition, further seeking initiation of contempt proceedings against MCD commissioner for issuing the notice in violation of a high court order on November 18, 2024. Then, the high court directed the MCD to clearly demarcate the encroached areas and take action as per law, pursuant to the association’s failure to remove the same. The matter will be next heard on July 9.

“Issue notice. Notice is accepted by the counsel for the respondent. Counsel for the respondent submits that they will file a complete report. Let the reply be filed within 1 week with a copy to the other side. List on July 9,” the court said in the order.

In its plea, argued by advocate Kamlesh Kumar, the association asserted that the June 20 notice was arbitrary since the same was issued without prior intimation and in violation of high court’s November 18, 2024 order, directing the MCD to demarcate the encroached areas. It went on to add that the entire premises of the masjid, including a mosque, madrasa, dargah, Wazookhana and washrooms, was situated on 400 sq metres of allotted land.

“The masjid and associated structures have been in peaceful, uninterrupted, and continuous use by the public at large and are lawfully managed and maintained by the petitioner association,” the petition stated.