HC seeks Centre’s response in plea over demolition of dargah in Delhi

The Delhi high court on Wednesday sought the Centre’s response in a plea seeking to stop the city’s Public Works Department (PWD) from carrying out further demolitions at the Dargah Sharif Hazrat Mamu Bhanje in central Delhi’s Jhandewalan.

The high court’s notice directed that PWD be made a party to the case and posted it for hearing on January 29.

The case pertains to the Dargah Sharif Hazrat Mamu Bhanje on Rani Jhansi Road. This dargah is among the 123 Waqf properties in Delhi, including mosques, dargahs, and cemeteries, which are being surveyed by the land and development office (L&DO) of the Union ministry of housing and urban affairs to identify and demolish encroachments.

Last year, PWD, a Delhi government agency, issued a notice to the shrine saying it was infringing on its land and hindering pedestrian movement. In August, PWD removed the outer wall of the shrine’s mazar to widen Rani Jhansi Road, and on January 3 of this year, it also razed a portion of the Dargah.

Sajjada nashin mutawalli peer Wajid Khan, who looks after the shrine’s management, filed the application in this case — it was tagged in a pending petition in the high court challenging L&DO’s decision to absolve the Delhi Waqf Board from all matters pertaining to the 123 Waqf properties.

On Wednesday, Khan, appearing through advocate Mahmood Pracha, submitted that the dargah was among the list of 123 Waqf properties that were being surveyed by the L&DO. The centre, appearing through advocate Vidhi Jain, submitted that the structure was not being tampered with in terms of the previous orders passed by the high court.

The centre was referring to an order in April of last year in which the high court refused to halt L&DO’s takeover or inspection of Waqf properties; however, the order directed the authorities to ensure minimal disruption in the day-to-day administration of the properties by the Waqf Board.

To be sure, the Congress-led central government in March 2014 had de-notified the 123 properties and given their ownership rights to the Delhi Waqf Board.

Khan’s application said the shrine has existed since the 18th century. It asked PWD to inform the shrine of the status, extent, demarcation, and definition of the encroachments, if any, and permit the shrine to remove them. It said PWD could not be permitted to demolish the entire dargah or any portion without verification, demarcation, and notice.