On 28th February: The Delhi High Court is currently awaiting a decision from the Heritage Conservation Committee regarding the “Sunehri Bagh Masjid Demolition Issue.” This case involves deliberations over the demolition of the mosque, which has raised significant heritage concerns. The court’s decision hinges upon the outcome of the committee’s evaluation.
NEW DELHI: On 28th February, the Delhi High Court, it was revealed that the matter regarding the proposed demolition of Sunehri Bagh Masjid matter forwarded to the Heritage Conservation Committee (HCC) for deliberation.
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During the hearing, the High Court reviewed a plea filed by the mosque’s imam challenging a public notice issued by the New Delhi Municipal Council (NDMC) on December 24, 2023. The notice solicited objections and eight suggestions from the public concerning the removal of the mosque due to purported traffic congestion in the area. According to the notice, the NDMC had applied to the Heritage Conservation Committee for the masjid’s removal, calling for feedback from the public by January 1, 2024.
Senior advocate Sanjay Jain, representing the traffic police, informed the single-judge bench of Justice Sachin Datta that the matter had been referred to the appropriate authority, the Heritage Conservation Committee, which holds the responsibility of making a decision regarding the issue. Jain emphasized that it was premature to anticipate the committee’s decision at this stage.
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Concurrently, senior advocate Viraj R.2 Datar, representing the mosque’s imam, argued that the petitioner contested the public notice based on the “competence of the committee to decide the matter.” Datar asserted that under the provisions of the NDMC Act and Unified Bylaws, there is no authority to demolish a heritage structure.
“Various government . buildings, including Vayu Bhawan, Udyog Bhawan, and Udyog Bhawan Metro Station, blended harmoniously with the Sunehri Bagh Masjid, and thus, due to these movements of vehicles started in the area, which fact clearly shows that these government . offices have contributed to the traffic, if any, in that area and not because of the Sunehri Bagh Masjid as theorised by the NDMC/Traffic Police,”
the petition said.
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“The petitioner, being the Imam of Sunehri Bagh Masjid, is witnessing the condition of traffic in the area. The petitioner submits that the traffic in the area is regulated, and when required, barricades are put up, and there is no complaint of any resistance to such regulation or barricades from the petitioner or the worshippers,” it added.
The High Court scheduled further proceedings for March 14 and dismissed an application from the ‘Waqf Welfare Forum’ seeking intervention in the case. The court suggested that the applicant could file an independent petition if a valid cause of action existed.
The plea filed not only seeks to annul the public notice but also requests a directive to the concerned parties, including the NDMC, Heritage Conservation Committee, Deputy Commissioner of Police (Traffic), and Ministry of Housing and Urban Affairs, to refrain from causing any harm to the mosque.
According to the plea, the Committee was established to safeguard heritage buildings and lacks the authority to order the demolition of a heritage structure, particularly when there are no signs of damage.
