The Court has ordered the DDA to file its reply, while clearly expressing the action taken in relation to the demolition of the 600 year Mosque as well as the basis for such action and if any prior notice was given before taking the step of demolition.
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The Delhi High Court, in the recent case of The Managing committee of Delhi Waqf Board v. the Government of NCT (GNCT), Delhi & Ors., enquired about the basis for demolition of a 600 years old Masjid Akhonji, a Mosque situated in Mehrauli on the date of 30th January. A Madarsa by the name of Behrul Uloom Madrasa was also housed by the Mosque.
Justice Sachin Datta sought DDA's response within a week clearly stating as to whether any prior notice was given before taking the demolition action.
The residents of the area claimed that a cemetery was also demolished during the process, it was also claimed by the locals that the authorities came at 5 am in the morning and the entire process took over 12 hours. It was demanded by the locals that the agency must rebuild another mosque at the same place.
It has also been brought to notice that the entire area has been barricaded and no one was allowed at the demolished site of the Mosque, Madarsa or cemetery.
Details about the Akhondji Masjid
- The Akhondji Masjid has been mentioned in the recorded list of 3000 monuments, which was published by the Archaeological Survey of India in the year 1920, by Maulvi Zafar Hasan who was assistant superintendent of ASI at the time.
- It was mentioned that the exact date of construction of the Mosque is unknown, however was repaired in 1853.
- Some claimed that the Mosque was built during the reign of Razia Sultana from 1236 to 1240, however use of grey stone in the Mosque indicates it to be built during the Mughal period.
Facts of the Case-
- Managing Committee of Delhi Waqf Board filed a case appealing that the mosque and madrasa were demolished on January 30 in a brazen manner .
- It was claimed by the Delhi Waqf Board that Zakir Hussain, the Imam of the mosque, and his family were left without any shelter as their hutment was also demolished.
- The DDA defended its action on the ground that the demolition of the Mosque and the Madrasa took place in accordance to the recommendations of the Religious Committee of the Government on January 4th.
- The DDA also submitted that before taking the aforementioned decision, the Religious Committee also provided the CEO of the Delhi Waqf Board an opportunity of hearing.
- While on the other hand, Managing Committee of the Delhi Waqf Board expressed that the Religious Committee did not have any jurisdiction to order such demolition action.
Decision of the Court-
- The court, while furthering the date of hearing on February 12th, ordered the DDA to maintain a status quo over the site where the Mosque was located previously.
- The Court ordered the DDA to file its reply, while clearly expressing the action taken in relation to the concerned property as well as the basis for su ch action and if any prior notice was given before taking the step of demolition.
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