The court reaffirmed the principle that places of worship must not obstruct public pathways, allowing for the relocation of such structures to ensure public access and safety.

JUDGMENT :

SACHIN DATTA, J.

W.P.(C) 4906/2023

1. The present petition has been filed by the petitioner, who claims to be the caretaker of Ancient Dargah Hazrat Bhoore Shah at Amir Khusro Park (opposite Masjid Chakker Wali, Neela Gumbad, Hazrat Nizzumuddin Mathura Road), New Delhi.

2. The present petition, as filed, is premised on the averment that the respondents have demolished the aforesaid structure on 01.04.2023 without giving any notice to the petitioner. The prayer, as framed in the petition, inter-alia, seeks compensation of Rs.10 Lakhs damages.

3. When the writ petition came up for consideration on 19.04.2023, this Court, ordered an inspection of the premises by the representatives of the following:

• Public Works Department.

• Municipal Corporation of Delhi.

• District Magistrate South-East.

• Land & Building Office (L&DO)

• One representative on behalf of the Petitioner.

• Delhi Waqf Board

4. Pursuant thereto, a ‘compiled inspection report’ came to be filed on 06.07.2023. The same records the stand of the concerned authorities as under:

“A. Public Works Department provided the inspection report vide No.23(5)/PWD/SER-1/2023-24/1294 dated 20.06.2023. Copy annexed as Annexure-A. The main contents of their report is as under:

“From the measurements, it is found out that the Dargah Hazrat Bhoore Shah comes in Right of Way of Mathura Road and it is an encroachment over public land. It is also pertinent to mention here that, Land & Development Department is the actual custodian of the land and handed over to PWD for maintenance purpose only.

B. Sub-Divisional Magistrate / Tehsildar, South-East, Defence Colony provided their inspection report dated 19.05.2023, which is annexed as Annexure-B. The main contents of their report is as under:

“As per record, the land owning agency of the area is L&DO and the said Dargah is on the footpath of the road. The road was constructed and maintained by Public Works Department and the Footpath is also maintained by PWD. The Footpath is elevated from the road by about 1 Foot. Total 07 graves/mazars were found above the surface on the footpath covering a distance of about 15 meters, extending upto the edge of the footpath.”

C. Land & Development Office provide their report vide letter/File No.Eng.15-7 (8680)/2023/31 dated 24.05.2023. Copy annexed as Annexure-C. the main contends of their report is as under:

“The Grave/Dargah falls under the right of way (150 feet wide) which is under care and maintenance of Public Works Department, GNCT of Delhi. The land adjacent to the ROW having triangular area of 12.8 acres for the development as Green has already been transferred to DDA (Delhi Development Authority) vide letter dated 01.05.1972. Further, no land has been allotted in the name of Mazar/Dargah/Grave at the location by the Land and Development office.”

D. Delhi Waqf Board provided their report vide No.F15/R&P Section/DWB/2023/615 dated 07.06.2023. Copy annexed as Annexure-D The main contents of their report is as under:

“During the joint inspection, the PWD claimed 75 meters of land from the centre of the road that includes the alleged footpath and a substantials part of the Dargah in question.

Record of the Delhi Waqf Board

The Dargah in question is a duly notified Waqf Property in Delhi Administration’s Official Gazette notification dated 30.12.1976 at page no. 34 Serial No. 17. As per the Gazette Notification, the Dargah has a total 1000 Sq. Yards of land attached to it. The between the boundary wall and the Graves in question is found to be 684.18 Sq. Yards upon measurements.

The old record of Waqf Property in question clearly shows that there was no encroachment by the said Dargah and the impu