The Managing Committee, Jama Masjid Cantonment Delhi v. Delhi Cantonment Board & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4669/2016 THE MANAGING COMMITTEE, JAMA MASJID CANTONMENT DELHI ..... Petitioner Through Mr.Wajeeh Shafiq with Mr.Dhiroy Kapoor, Advocates.

versus DELHI CANTONMENT BOARD & ORS ..... Respondents Through Mr.Nishant Nigam, Advocate for R-1.

Ms.Prabhsahay Kaur, ASC for R2/GNCTD with ASI Rajender Prasad, PS Delhi Cantt.

Mr.A.P.Sah, Advocate for R-3 & 4.

Mr.Tariq Adeeb, Advocate for R-5.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.03.2017 Present writ petition has been filed seeking a direction to respondent no.1-Delhi Cantonment Board to seal and demolish the unauthorised construction by respondent nos.3 & 4 at Mosque known as Jama Masjid, 1/218/24, Sadar Bazar, Delhi Cantonment. Learned counsel for respondent nos.3 & 4 states that no unauthorised/illegal construction has been carried out by them. He states that the premises in question have only been repaired after informing the Delhi Cantonment Board.

Learned counsel for respondent no.1-Delhi Cantonment Board states that complaint under Section 247 of the Cantonments Act, 2006

has been filed against respondent no.4. He has also handed over a photocopy of the counter-affidavit filed by him. The same is taken on record.

Learned counsel for the petitioner states that he is satisfied with the action taken by respondent no.1-Delhi Cantonment Board. In view thereof, present writ petition is disposed of as satisfied with a direction to Mr.Kishore Kumar, M.M, Dwarka, Delhi to dispose of the complaint filed by respondent no.1-Delhi Cantonment Board as expeditiously as possible. This Court, however, clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open. MANMOHAN, J MARCH 28, 2017 KA