Notice, and an oral assurance of no demolition until the next date: the Delhi High Court has sought the stand of the Centre and the Delhi Waqf Board on a worshipper’s plea to protect the Race Course Masjid from apprehended demolition.
New Delhi: Asked to protect the Race Course Masjid, which stands near the Prime Minister’s residence, from apprehended demolition, the Delhi High Court on Tuesday issued notice to the Central Government, acting through the Land and Development Office (L&DO), and to the Delhi Waqf Board [Syed Ahmed Saud v. Delhi Waqf Board and Others].
The plea, filed by a worshipper, Syed Ahmed Saud, was heard by Justice Anish Dayal. Counsel for the Centre told the Court that no demolition activity will be carried out on the mosque until the next date of hearing, which is Thursday, October 29. The Court has not decided the petition, and the contentions below are those of the parties.
What the respondents told the Court
Central Government Standing Counsel Ashish Dixit sought time to take instructions. He said that power and water were cut to avoid security risks from the demolition work nearby, and that a temple is also located on the premises, on which he would seek instructions as well.
Counsel for the Delhi Waqf Board said that representations were filed with the L&DO and other authorities on October 19 and have not yet been decided. The petitioner has also filed two representations with the L&DO and the Waqf Board.
The petitioner’s case
Appearing for the petitioner, Advocate M. Sufiyan Siddiqui argued that demolition of the mosque is imminent. He submitted that obstruction to entry and exit has kept worshippers out, and that the Delhi Waqf Board has not performed its statutory duty to take adequate measures to protect the property. The petitioner says he has been denied access and is concerned about his right to religious practice.
According to the plea, the mosque was notified in the government gazette as Waqf property in 1977 and holds grade-II heritage recognition under a notification dated October 1, 2009. It also states that the mosque’s electricity and water were recently disconnected in the course of demolition work at the premises. Counsel argued that even basic alterations would need specific permission from the heritage authority, let alone demolition.
How the dispute reached the Court
The mosque lies inside the Race Course Club area, which covers about 53 acres near 7, Lok Kalyan Marg. A Delhi Administration gazette notification of September 8, 1977 lists the mosque and an attached graveyard as Waqf property. Demolition work and the clearing of slum camps in the area began in early October. Electricity and water to the mosque were cut around October 7, after which the Waqf Board wrote to the New Delhi Municipal Council seeking restoration, saying the dues had been paid.
The mosque’s imam had earlier come to the High Court for restoration of power and water, but that plea was not allowed. The Court is recorded as having held that an imam appointed by the Waqf Board has no right to the premises, and that the plea raised disputed questions of fact that were beyond the scope of a writ petition. On October 19 the Waqf Board wrote to the L&DO seeking protection of the mosque and the graveyard. Accounts differ on whether a formal notice to vacate has been issued, and the Court has not examined that question.
What is still open
So far the Court has issued notice and called for the stand of the Centre, through the L&DO, and of the Delhi Waqf Board. It has made no finding on the Waqf status or heritage status of the mosque, on the temple said to be located on the premises, or on the security reasons given by the Centre. All of these questions remain open for the next hearing.
Case Title: Syed Ahmed Saud v. Delhi Waqf Board and Others
Bench: Justice Anish Dayal, Delhi High Court
Date of Order: October 27, 2026
Appearances: Advocate M. Sufiyan Siddiqui for the petitioner; Central Government Standing Counsel Ashish Dixit for the Centre; counsel for the Delhi Waqf Board