Sunehri Bagh masjid case: Cleric at Lutyens’ mosque moves Delhi HC against notice

The plea said the structure was being targeted without any research to support the claim that it was causing traffic congestion

The Imam of New Delhi’s Sunehri Bagh Masjid,Abdul Aziz, has approached the Delhi high court, challenging New Delhi Municipal Council’s (NDMC) public notice seeking opinion on the demolition of the 150- year-old mosque to ease alleged traffic congestion in the area.

Delhi high court (Representative Photo)(HT_PRINT)

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The December 24 notice published in various newspapers has led to a row with people claiming that the council was raising the issue of traffic congestion just to demolish the structure that stands near Udyog Bhawan Metro station, at the intersection of Maulana Azad Road, Motilal Nehru Marg and Kamraj Road.

The Imam, in the plea, sought to restrain NDMC, and said that the notice was issued with malafide intention without any application of mind and that the structure was being targeted without any research or data to support the claim that the structure was causing traffic congestion in the area.

On Saturday, a vacation bench of justice Manoj Jain, though questioned the Imam’s locus, but listed the petition for January 8 following an assurance by the NDMC that no action will be taken until a final call it taken by the Heritage Conservation Committee (HCC) of the ministry of urban development.

“This is just a procedural notice. Your lordships may simply adjourn this. The decision has to be taken by the HCC, not by us. HCC has to be re-constituted and nothing is going to happen. How can they have grievances for the procedure? I can’t even touch a brick without HCCs permission,” advocate Shriharsha Peechara, who appeared for NDMC submitted before the bench.

“Various government buildings including Vayu Bhawan, Udyog Bhawan and Udyog Bhawan Metro Station blended harmoniously with the Sunehri Bagh Masjid and thus due to these offices, the movement of vehicles started in the area which… clearly shows that these government offices have contributed to the traffic, if any, in that area and not because of Sunehri Bagh Masjid as theorized by NDMC/Traffic Police. Surprisingly, the mosque which is a symbol of cultural legacy traveled through centuries till date to blend aesthetically in its surrounding has become victim of fallacious theory of alleged traffic congestion ,” read the petition.

The Imam, appearing through advocate Suaib Ahmed Khan, submitted that NDMC did not have the power to remove the heritage structure and that the masjid also belonged to the 123 waqf properties which were being surveyed by the Land and Development Officer of the Union ministry of housing and urban affairs.

To be sure, the previous Congress led United Alliance government in March 2014 had earlier de-notified the 123 properties and had handed over their ownership rights to the DWB. The Land and Development Officer, Ministry of Housing and Urban Affairs had in February this year written a letter to former chairman Amanatullah Khan absolving the board from all the matters pertaining to the 123 properties. Though the high court in April had refused to stay the operation of the letter and halt the inspection but had directed the authorities to ensure minimal disruption in the day-to-day administration of the properties by the Waqf Board. In November, the housing ministry had informed the high court that it would complete the survey of the properties within four months.

Aziz’s counsel, however, added that he was not pressing for a precipitative order but only wanted NDMC to take instructions since the council in April this year had demolished a religious structure, a mazarm near Sunehri Bagh Masjid, without following due process of law. Khan also argued that he had filed the petition since he was leading the prayer congregation and he was duty bound to protect it.

Aziz in the petition had also stated that the high court’s April order was fully applicable to the mosque and was further protected by Supreme Court’s 2021 judgment in the case of Central Vista wherein the center had said that no heritage structure was being affected in the entire project.

The top court in January 2021 in Rajeev Suri v Delhi Development Authorities had approved the redevelopment plan for Central Vista that included construction of a new Parliament Building and a common Central Secretariat but had mandated the project consultant to get HCCs clearance before proceeding with the development work.

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“The mosque is a symbol of the rich cultural heritage of the country and till date daily namaz is being offered in a regulated manner during the VVIP movement. The existence of heritage building/Sunehri Bagh Masjid has never been a problem of any nature/orientation or magnitude rather a reference to collective growth and development of the Lutyens’ Delhi,” the petition said.