The Delhi High Court has sought responses from civic and government authorities on a plea challenging the removal of alleged encroachments near the Syed Faiz Elahi Mosque at Turkman Gate. The petition raises concerns over waqf land rights and the adjoining graveyard.
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NEW DELHI: The Delhi High Court issued notices to multiple government authorities, including the Ministry of Urban Development, the Municipal Corporation of Delhi (MCD), the Public Works Department (PWD), the Delhi Development Authority (DDA), the Land and Development Office (L&DO), and the Delhi Waqf Board, on a petition challenging an order to demolish alleged encroachments near the historic Masjid Syed Faiz Elahi and an adjoining graveyard at Turkman Gate in Old Delhi.
Justice Amit Bansal, while observing that the “matter requires consideration,” directed the authorities to file their responses within four weeks and listed the case for further hearing on April 22.
Background: Demolition Order
The petition challenges an MCD order dated December 22, 2025, issued in compliance with a November 12, 2025, directive of a division bench of the Delhi High Court. That earlier order arose from a public interest litigation (PIL) filed by NGO Save India Foundation, seeking the removal of alleged encroachments spanning 38,940 square feet at the Ramlila Ground area near Turkman Gate.
According to court records, the encroachments identified include portions of a public road, a footpath, a community marriage hall, a parking area, and a private diagnostic clinic.
The area came under renewed scrutiny after it emerged that suicide bomber Umar Un Nabi had reportedly visited the over 100-year-old mosque and remained there for over 10 minutes before carrying out a high-intensity car bomb explosion near the Red Fort on November 10, 2025, which claimed 15 lives.
Petitioners’ Argument
The current plea has been filed by the managing committee of Masjid Syed Faiz Elahi, which argues that the land beyond the 0.195 acres (934 square yards) leased area forms part of a notified waqf property governed by the Waqf Act.
The petition contends that:
- Disputes relating to waqf land fall under the exclusive jurisdiction of the Waqf Tribunal, not civil courts.
- The managing committee is using the land with permission from the Delhi Waqf Board and has been paying lease rent.
- Neither the mosque committee nor the Waqf Board was made a party to the PIL proceedings.
- An October 2025 joint survey by civic authorities was conducted without granting them a hearing, violating principles of natural justice.
Counsel for the petitioners clarified before the court that the committee does not object to the removal of unauthorised structures, including the baraat ghar and the diagnostic clinic, both of which have already ceased operations.
However, the committee expressed serious concern over the proposed demolition affecting the graveyard situated on the disputed land, calling it their sole grievance.
Counsel appearing for the L&DO defended the MCD’s action, stating that the demolition notice was issued strictly in line with the uncontested November 12 High Court order. He also asserted that the Delhi Waqf Board’s counsel was heard during the proceedings.
The MCD, in its submissions, maintained that:
- The original lease granted on February 15, 1940, covered only 0.195 acres.
- No demolition action is proposed against structures located within the leased land housing the mosque.
- No documentary evidence was produced to establish lawful possession of land beyond the leased area.
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Following the demolition notice, MCD officials attempted to mark the encroached areas on January 4, 2026, but faced resistance from residents, prompting the deployment of additional police personnel to maintain law and order.
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