Aas Mohammed & ANR. v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4303/2025 AAS MOHAMMED & ANR.

.....Petitioners Through:

Mr. Mujeeb Ahmed, Advocate M: 9891310723 Email: legalcell21@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Kapil Dutta, SC for MCD Mob: 9811135509 Email: kapilduttamcd@gmail.com Ms. Nitika Bhutani, Adv. for R2/GNCTD Mob: 9953572757 Email: nitikabhutaniadv@gmail.com Mr.

Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar and Mr.

Amit Kumar Rana, Advs. for R-Delhi Police Mob: 9818030700 Email: cgsc.ripudaman@gmail.com Mr. Tushar Sannu, SC with Ms. Aqsa for R-DWB Mob: 9911991136 Email: adv.tusharsannu@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 03.12.2025 1.

The present writ petition has been filed seeking directions to respondent no. 1 to take action against the illegal construction going on inside Kalan Mosque, which is situated within the locality of Hazrat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Nizamuddin, South Delhi, and to remove any encroachments therein. 2.

In view of the submissions made before this Court, directions were passed by this Court by way of order dated 04th April, 2025, for carrying out a joint inspection of the property by the officials of the Archaeological Survey of India ("ASI"), Municipal Corporation of Delhi ("MCD") and Delhi Waqf Board, in the presence of Station House Officer ("SHO"), Police Station-Hazrat Nizamuddin.

3.

The order dated 04th April, 2025 in this regard, reads as under: "xxx xxx xxx 6.

Learned counsel appearing for respondent no.1-Municipal Corporation of Delhi ("MCD") submits that the concerned officials of MCD have inspected the property today morning, i.e., 04thApril, 2025. He submits that some construction is being carried out inside the mosque.

7. Learned counsel appearing for Archaeological Survey of India ("ASI") submits that he is yet to take instructions.

8. Mr. Tushar Sannu, learned counsel appearing for the Delhi Waqf Board submits that no unauthorized construction is going on.

9. If that be the case, no further construction shall be carried out till the next date of hearing.

10. Accordingly, it is directed that status quo shall be maintained as regards any construction within the premises of the mosque.

11. The MCD and ASI are directed to carry out a joint inspection of the property on 05th April, 2025 at 11:00 AM and submit the Report before this Court, before the next date of hearing.

12. The concerned Station House Officer ("SHO"), Police Station, Hazrat Nizamuddin, shall provide police protection to the officials of the ASI and MCD at the time of joint inspection.

13. The officials of Delhi Waqf Board shall also be present at the time of the inspection.

xxx xxx xxx"

4.

Pursuant to the directions of this Court, a Status Report dated 14th November, 2025, on behalf of MCD, has been placed before this Court, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which reads as under:

"xxx xxx xxx xxx xxx xxx"

5.

The Joint Inspection Report placed before this Court, reads as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Thus, as per the aforesaid reports, no unauthorized construction was found in the mosque and only repair/renovation work was found being carried out. The aforesaid facts are disputed by learned counsel appearing for the petitioners.

7.

However, this Court will not go into any disputed questions of facts. Once the statutory authorities have confirmed that only repair/renovation work was being carried out inside the property in question, and no unauthorized construction was being carried out, this Court would accept the Joint Inspection Report, which has been signed by the concerned officials from the ASI, Delhi Waqf Board and MCD.

8.

Accordingly, no further orders are required to be passed in the present writ petition.

9.

At this stage, learned counsel appearing for the petitioners submits that the mosque in question is a historical mosque. He submits that there is no management committee to look after the affairs of the mosque, and only unauthorized occupants are residing inside the said mosque. 10.

Considering the submissions made before this Court, it is directed that the petitioners shall make a representation to the Chief Executive Officer ("CEO"), Delhi Waqf Board, Daryaganj, New Delhi, in this regard. 11.

Let the representation be filed by the petitioners with the Delhi Waqf Board, within a period of two weeks, from today. 12.

Upon the petitioners filing a representation, the Delhi Waqf Board shall duly consider the various issues raised by the petitioners in the representation.

13.

Opportunity of personal hearing shall also be granted to the petitioners by the Delhi Waqf Board.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.

In this regard, notice shall be duly issued to the petitioners, on the Email of the counsel for the petitioners, which is reflected in today's order. 15.

The Delhi Waqf Board shall further ensure that the mosque in question is maintained properly as per the norms. 16.

With the aforesaid directions, the present writ petition is accordingly disposed of.

MINI PUSHKARNA, J DECEMBER 3, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.