The Delhi high court has directed the Delhi government’s religious committee to reconsider the relocation of qabars and mazhars around the over 100-year-old Dargah Hazrat Bhoore Shah near Hazrat Nizamuddin.
Justice Sachin Datta issued the order on Thursday in a plea filed by Yusuf Baig, claiming to be the Dargah’s caretaker in 2023. Baig sought ₹10 lakh in damages, alleging that graves were demolished on April 1, 2023, without prior notice, and asserted that they were historic and not on public footpaths managed by the PWD.
Earlier, the court had asked authorities—including the PWD, MCD, district magistrate of South-East Delhi, land and building office, petitioner’s representative, and Delhi Waqf Board—to inspect the site. Following the inspection, the religious committee, despite the Waqf Board supporting Baig’s claims and confirming the structures as waqf property, recommended relocating the mazhars, concluding they encroached on the footpath. The committee also suggested clearing structures near the flyover for proper pedestrian access, but said its decision would be implemented only after the court’s final ruling on Baig’s petition.
In written submissions in May, the Delhi Waqf Board stated it had no record of any authorised rooms or permanent structures on the site. It described the committee’s recommendations as a “sensitive yet practical approach” and said it could not definitively contest the findings. The board noted that without a clear map showing the mazaar’s location relative to Mathura Road and the footpath, it could not reject PWD’s claim of encroachment. It added that accommodating the mazaar on Mathura Road as claimed could block the existing roadway.
{{/usCountry}}In written submissions in May, the Delhi Waqf Board stated it had no record of any authorised rooms or permanent structures on the site. It described the committee’s recommendations as a “sensitive yet practical approach” and said it could not definitively contest the findings. The board noted that without a clear map showing the mazaar’s location relative to Mathura Road and the footpath, it could not reject PWD’s claim of encroachment. It added that accommodating the mazaar on Mathura Road as claimed could block the existing roadway.
{{/usCountry}}Acknowledging the Waqf Board’s contrasting stance, the bench on Saturday remanded the matter to the religious committee for fresh consideration. The committee has been asked to review the authorities’ positions, including the Waqf Board, alongside the petitioner’s claims before taking a final decision.
“In the circumstances, this Court remands the matter back to the Religious Committee to consider the matter in the light of the intervening developments since its meeting on July 17, 2023, and take a considered decision. The Religious Committee shall consider the stand of the authorities (including the Delhi Waqf Board) as also the stand of the petitioner,” the order said.
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