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PRATHIBA M. SINGH
Zahir Ahmed – Appellant
Versus
Government of NCT of Delhi Through District Magistrate – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition relates to a prime property located next to the Masjid Zabta Ganj, Man Singh Road, India Gate, New Delhi. The Petitioner, Zahir Ahmed, has filed the present petition seeking de-sealing of the said property, which admittedly consists of one room, kitchen, bathroom and some space adjacent to the mosque (hereinafter 'said property'). Further, he seeks a restraint order against alleged harassment being caused to him. Petitioner further seeks permission to make reconstruction of the said property.
3. The prayers in this writ petition are as under:-
".. Issue a writ in the nature of mandamus thereby direct the respondent no. 1 & 2 to de-seal the said premise of the petitioner and hand over peaceful possession to the petitioner;
b. Issue appropriate writ/direction to the respondent no. 2 to refrain from unnecessary harass the petitioner in respect of possession of the said property of the petitioner;
C. Issue appropriate direction to respondent no. 2 to 3 to reconstruct the wall demolished by them and also rebuilt the premise in the same state as it was prior to 05.03.2020;
d. Is
The judgment established the liability of unauthorized occupants to pay occupation charges and costs to the Waqf Board, emphasizing the fiduciary nature of the Imam's occupation and the impermissibil....
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal....
The importance of truthfulness and full disclosure in legal proceedings.
Misrepresentation by a party during proceedings undermines their legal claims, rendering a review application untenable when prior ownership admissions and evidence of estoppel exist.
Discretionary relief under Article 226 of the Constitution of India is not available in cases involving eviction from Waqf properties, and the court rejected the petitioner's contentions related to d....
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