Badar Samdhani v. Delhi Wakf Board & ORS

#40 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2147/2016 & CM APPL. 9201/2016 BADAR SAMDHANI ..... Petitioner Through Mr. Himal Akhtar, Advocate versus DELHI WAKF BOARD & ORS ..... Respondents Through Mr. Hashmat Nabi, Addl. Standing Counsel R-1/DWB.

Mr. Rajan Sabharwal, Standing Counsel with Ms. Kaanan Gupta, Advocate for R-2/North DMC.

Mr. Santosh Kumar Tripathi, ASC for R-3 and 4/Delhi Police.

Mr. Arjun Pant, Standing Counsel for R-5/DDA.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.03.2016 Present writ petition has been filed seeking a direction to respondents and its officials to remove the encroachment and unauthorised occupants from the premises of Dargah Hazrat Khwaja Baqi Billah Shah at Idgah Road, Singhara Chowk, Delhi.

It has been averred that the aforesaid Dargah is over 400 years old and a religious place where Hazrat Khwaja Baqi Billah Shah was buried.

Learned counsel for petitioner states that for the last few years builders and some residents of the local area have encroached upon various parts of the Dargah premises and have raised unauthorised construction with intent to construct a dome, contrary to Late Khwja's Will. Learned counsel for petitioner states that the petitioner has made number of representations to the respondents, but respondents have not made any real effort to remove these encroachments and unauthorised construction.

Learned counsel for statutory respondents state that action, if any, has to be taken by respondent no. 1-Delhi Wakf Board. Learned counsel for respondent no. 1-Delhi Wakf Board states that petitioner‟s representation dated 10th February, 2016 shall be decided by the said respondent within four weeks.

The statement made by learned counsel for respondent no. 1 is accepted by this Court and respondent no. 1 is held bound by the same. In view thereof, present writ petition and application are disposed of as satisfied.

Order dasti.

MANMOHAN, J MARCH 14, 2016 rn