LawChakra

Delhi High Court Imposes Status Quo on Land Where 600-Year-Old Mosque Was Demolished

The Akhoonji mosque in Mehrauli was demolished by the DDA last week. Local residents assert that the mosque dates back to the Delhi Sultanate era. The Delhi High Court directed the Delhi Development Authority to preserve the existing condition of the land where the historic 600-year-old Akhoondji/Akhunji mosque was torn down.

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Delhi High Court Imposes Status Quo on Land Where 600-Year-Old Mosque Was Demolished

NEW DELHI: The Delhi High Court has mandated a status quo on a piece of land in Mehrauli, where a mosque, believed to be 600 years old, was recently demolished. This decision comes in response to a plea by the Managing Committee of the Delhi Waqf Board, marking a significant moment in the ongoing debate over the preservation of historical sites and religious structures.

Justice Sachin Datta ordered that the status quo shall remain in force till the next date of hearing on February 12.

The court’s intervention was sought after the mosque, along with a madrasa and a graveyard located on the same property, were razed without prior demolition notice, according to Advocate Sham Khwaja, who represented the petitioner. The demolition not only resulted in the loss of a structure that had stood the test of time for nearly six to seven centuries but also allegedly led to the damage of copies of the Quran, adding a layer of religious sensitivity to the issue.

In defense, DDA Standing Counsel Sanjay Katyal countered the allegations, assuring the court that all religious texts, including the Quran, were handled with utmost care throughout the demolition process. He stated,

“all the religious books were handled with care and are in the custody of the officials. They will be handed back.”

This assurance reflects an attempt to mitigate concerns over the respect and treatment of religious materials during such operations.

Further elaborating on the rationale behind the demolition, the DDA’s counsel highlighted that the action was taken following the recommendations of the Religious Committee, which deemed the mosque an encroachment on forest land. This justification brings to the forefront the complex issues surrounding land use, conservation, and the protection of historical and religious sites.

The court’s order to maintain the status quo is a temporary measure that underscores the need for a careful examination of the legal, cultural, and environmental implications of demolishing structures with significant historical and religious value. It raises important questions about the balance between development, conservation, and the preservation of heritage in rapidly urbanizing spaces like Delhi.

This case not only resonates with those directly involved but also with a broader audience interested in the preservation of cultural heritage, the rights of religious communities, and the legal frameworks governing land use and environmental conservation. As the legal proceedings unfold, the fate of the demolished mosque in Mehrauli will likely serve as a precedent for similar cases in the future, highlighting the intricate dance between progress and preservation in the heart of India’s capital.

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