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Delhi HC dismisses Waqf Board petition against demolition of Sunehri Bagh Mosque, NDMC issues notice seeking suggestions and objections

The plea against the demolition was submitted by Amanatullah Khan, chairman of the Delhi Waqf Board, via standing counsel of the board, Wajeeh Shafiq. On 18th December, the court dismissed the plea as both parties concluded that though removing the mosque for smooth traffic flow was essential, NDMC would proceed as per the law and would not take any criminal action.

In a recent public notice on 24th December, the New Delhi Municipal Council (NDMC) sought a public response to the proposed removal of the Sunehri Mosque. The Department of Architecture and Environment issued the information seeking suggestions and objections from the public by 1st January 2024 under Clause 1.3(ii) of the bye-law.

Source: X/Zafarul-Islam Khan

Imam of the mosque, Abdul Aziz, spoke to Times of India and said, “The mosque is not at all hampering traffic movement. Citing the same reason, the civic body had earlier demolished a dargah located near the mosque some time ago.” He added, “The mosque caters to a large number of worshippers; around 200 people visit it every day and nearly 500 every Friday. Many people working in nearby offices come to offer namaz here and nobody parks their vehicles on roads or outside the complex.”

Notably, the Delhi High Court has recently dismissed a plea submitted by the Delhi Waqf Board against the proposal to remove the mosque to widen the road. The then-Delhi government designated the mosque a grade-III heritage building via a notification in October 2009.

In the public notice, NDMC said, “The civic body had received reference from the Delhi Traffic Police regarding a traffic engineering proposal for sustainable mobility in the vicinity of the roundabout of Sunehri Bagh. After that, NDMC applied to the Heritage Conservation Committee to remove Sunehri Masjid under Annexure II, Clause 1.16 of the Unified Building Bye Laws 2016.”

The Muslim community has started a campaign on social media urging people to submit objections to the proposal. Former Delhi Minorities Commission Chief Zafarul-Islam Khan published a post on X and said, “A mosque in Delhi is slated to be demolished for the sake of smooth traffic. Pl file your objection.”

Source: X

Similar posts were made by several other social media users.

Source: X
Source: X

Notably, the plea against the demolition was submitted by Amanatullah Khan, chairman of the Delhi Waqf Board, via standing counsel of the board, Wajeeh Shafiq. On 18th December, the court dismissed the plea as both parties concluded that though removing the mosque for smooth traffic flow was essential, NDMC would proceed as per the law and would not take any criminal action. As per the court documents, NDMC issued an order on 26th June 2023 to inspect the mosque for proposed removal to widen the road. However, the Delhi Waqf Court approached the Delhi High Court seeking a stay on the proposal.

On 28th June, the Delhi High Court sent a notice to NDMC and traffic police to join the hearing. The court ordered a joint inspection on 12th July, and both parties were asked to maintain the status quo in the matter.

In its reply to the court, NDMC said that it was essential to remove the mosque to widen the road to ensure a smooth flow of traffic. Subsequently, following the inspection, the parties agreed that the mosque would be shifted somewhere else, and the court dismissed the petition. Meanwhile, the matter was sent to the Religious Committee for consideration.

As per the law, the NDMC has now sought submissions from the public about the proposed shifting of the mosque. However, the social media posts regarding the demolition skipped the part where it was decided to shift the mosque.

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OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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