Mangolpuri Muhammadi Jama Masjid And Madarsa Anwarul Uloom Welfare Association v. Shri Ashwani Kumar And ORS

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 925/2025 and CM APPL. 36975/2025 MANGOLPURI MUHAMMADI JAMA MASJID AND MADARSA ANWARUL ULOOM WELFARE ASSOCIATION .....Petitioner Through:

Mr. Kamlesh Kumar Mishra, Ms.

Renu, Ms. Arthana Brahma, Ms.

Mansi, Advs versus SHRI ASHWANI KUMAR AND ORS .....Respondents Through:

Mr Kapil Dutta, Adv for For R-1/ MCD.

Mr. Ripu Daman Bhardwaj CGSC with Mr Kushagra Kumar, Mr Amit Kumar Rana, Ms. Pragati Trivedi Advocates for Delhi Police.

+ W.P.(C) 4867/2024 and CM APPL.

19894/2024, CM APPL.

28041/2025, CM APPL. 29060/2025, CM APPL. 63395/2025 SAVE INDIA FOUNDATION REGD .....Petitioner Through:

Mr. Umesh Chandra Sharma, Mr.

Munish Gaur, Mr. Vikas Sharma, Mr.

Peeyush Kaushik, Ms.

Tripta Chaudhary, Mr. Neeraj Chauhan, Mr.

Mohit Singh, Advocates.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Tushar Sannu, with Mr. Parveen The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Bansal, Advs for GNCTD.

Mr. Rishikant Singh and Mr. Dinesh Kumar, Advs for R-1-DUSIB.

Mr. Ripu Daman Bhardwaj CGSC with Mr Kushagra Kumar, Mr Amit Kumar Rana, Ms Pragati Trivedi Advocate. with S.I. - Satish Kumar, P.S. Mangolpuri Insp Suneel Siddhu PS Mangolpuri.

Mr Kapil Dutta, Adv for MCD.

Mr Kamlesh Kumar Mishra, Ms Renu, Ms arthana Brahma, Ms Mansi, Advs for R-6.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 27.01.2026 CONT.CAS(C) 925/2025 and CM APPL. 36975/2025 1.

The order dated 18.11.2024, passed by this Court is as under: "5. Considering the nature of relief sought, MCD is directed to delineate and indicate to the Applicant the area which is encroaching on the public land that is intended to be removed, within one week from today. In case the Applicant would not remove the encroachments as assured by them in the communication dated 9th November, 2024, MCD shall proceed to take appropriate action, in accordance with law.

6. Once the demolition is over, the status report be filed before the Court before the next date of hearing.

7. With the above directions, the present application is disposed of." 2.

The paragraph nos. 14 and 15 of the reply/ affidavit filed by the respondent no.1 is extracted as under:

"14. That furthermore, on 19/05/2025 a communication was received from the office of Assistant Commissioner of Police, Sub-Division Mangolpuri for conducting of joint survey and demarcation of the religious structure raised in MCD park Y-Block, Mangolpuri.

15. That pursuant to the said communication, the area in question was reThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

demarcated by the joint teams of the officers of the Respondent Corporation, Delhi Police, Sub-Registrar in the presence of the representatives of the Petitioner association herein. During the demarcation, at the cost of repetition, the portions to be demolished were again demarcated and alienated by the Respondent. The photographs in support indicating the said joint survey was undertaken are annexed herewith as Annexure-C."

3.

In view thereof, the Court finds that there is no contempt to the order dated 18.11.2024. If the petitioner has any other grievance, the petitioner shall be at liberty to take appropriate steps in accordance with law. 4.

The contempt petition, along with pending application, stands dismissed.

W.P.(C) 4867/2024 and CM APPL. 19894/2024, CM APPL. 28041/2025, CM APPL. 29060/2025, CM APPL. 63395/2025 5.

In paragraph no. 6 of the short affidavit filed by respondent-Delhi Urban Shelter Improvement Board ('DUSIB'), the respondent has taken the following position.

"6. That DUSIB is the land-owning agency i.e. Y-Block Mangolpuri land in question. Upon verification of its internal records, DUSIB confirms that no allotment, sanction, license, permission, lease or authorization of any kind has ever been granted in favour of Mohammdi Masjid Madarsa Dargah Islamiya Committee (1984) or Muhammadi Jama Masjid & Madarsa Anwarul-Uloom Welfare Association (2012) for use or occupation of the said green area."

6.

In view thereof, an endeavour has been made to remove the encroachment, however, the same has not been fully done. Let the respondent to file a fresh affidavit showing the full compliance regarding the removal of the encroachment.

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

7.

List on 26.02.2026.

PURUSHAINDRA KUMAR KAURAV, J JANUARY 27, 2026 aks/mj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.