The Delhi high court on Wednesday directed the Railways to not take action against two mosques — Masjid Takia Babbar Shah and the Bengali Market mosque — days after the authorities affixed notices asking encroachers to remove “any unauthorised structures” from its land.
The Railways in a notice on Thursday last week had warned of legal action against such structures, including temples, mosques or shrines even as it gave 15 days to the concerned owners to voluntarily remove them.
The notice, however, was unsigned, undated and did not bear the authority’s name, justice Prateek Jalan said on Wednesday after hearing a plea filed by the Waqf Board. The Board has contended that the Railways have no control over these mosques and the land belongs to them. The two mosques are located near Railway Bridge and Babar Road railway line.
“The said notices are unsigned, undated and do not bear out the authority under which they are issued. For the moment, no action will be taken pursuant to these notices, “ the court said.
The notice issued by the Railways read: “Those of you who have illegally encroached upon railway land are informed that you must voluntarily dismantle any unauthorised structures, including temples, mosques or shrines within 15 days of receiving this alert or the railway administration will take legal action. Encroachments that are not permitted will be removed in compliance with the Railways Act. Any damage incurred throughout the procedure will be your responsibility. The railway administration won’t be held accountable.”
{{/usCountry}}The notice issued by the Railways read: “Those of you who have illegally encroached upon railway land are informed that you must voluntarily dismantle any unauthorised structures, including temples, mosques or shrines within 15 days of receiving this alert or the railway administration will take legal action. Encroachments that are not permitted will be removed in compliance with the Railways Act. Any damage incurred throughout the procedure will be your responsibility. The railway administration won’t be held accountable.”
{{/usCountry}}The Waqf Board has also alleged that the proposed demolition of the mosques by the Railways is clearly malafide, arbitrary, capricious and without any reason.
The matter will now be heard on August 6.
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