The Delhi High Court ordered the Delhi Development Authority (DDA) on Monday to keep the status quo of the property in the city’s Mehrauli region, where the 600-year-old Akhoondji Masjid was demolished, until February 12, according to Live Law.
A panel led by Justice Sachin Datta, however, emphasized that the decision would not prohibit the local authorities from pursuing action against other unlawful structures in the neighborhood.
The court was considering a plea filed by the Delhi Waqf Board’s Managing Committee seeking to maintain the status quo on the site where the mosque was located.
On January 30, the DDA razed the masjid, Behrul Uloom madrasa, and many graves, claiming unauthorized buildings.
On January 31, the high court asked DDA whether it had provided any prior notice before demolishing the mosque. “Let the DDA file its reply within a period of one week clearly setting out the action that has been taken in respect of the property concerned and the basis thereof and as to whether any prior notice was given before taking the demolition action,” the judge wrote in his ruling.
On Monday, the Managing Committee, represented by counsel Shams Khwaja, contended that the Religious Committee lacked jurisdiction to order any demolition action.
In 2009, the Supreme Court issued instructions to demolish, relocate, and regulate unauthorised religious constructions in all public spaces, as well as to prohibit their continuing occupation. In 2014, Delhi established a Religious Committee chaired by the home secretary to consider such matters and make recommendations.
Khwaja also claimed that the DDA had not only demolished the mosque, but also dug the remains buried in the graveyard and damaged copies of the Quran.
The DDA, represented by counsel Sanjay Katyal, contended that the demolition was carried out on January 4 in accordance with the Religious Committee’s recommendations and that the CEO of the Delhi Waqf Board was also afforded an opportunity to hear before the decision.
Refuting the charges about the damage to the Quran, Katyal claimed that the counsel was attempting to give a religious spin to the situation, and that the religious texts were handled with care and were currently in the custody of officials.
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