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2024 Supreme(Online)(DEL) 27619

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1477/2024 MUNTAZMIA COMMITTEE MADARSA BEHRUL ULUM AND KABARSTAN ..... Petitioner Through:

Mr. Shams Khwaja, Adv. versus DDA AND OTHERS ..... Respondents Through:

Ms. Shobhana Takiar, SC along with Mr. Sanjay Katyal, Mr. Nihal Singh and Mr. Kuljeet Singh, Advs. for DDA.

Mr. Prashant Manchanda, ASC along with Ms. Nancy Shah, Ms. Medha Haridass and Mr. Vishal, Advs. for GNCTD.

Mr. Ajjay Arora, Mr. Kapil Dutta, Advs. for MCD (through v/c) Insp. Akhilesh, SHO, PS Mehrauli and SI Lokendra, PS Mehrauli.

CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 11.03.2024

Advocates:
KAMLESH KUMAR MISHRA

ORDER

1. The present application has been filed by the petitioner/applicant seeking the following reliefs:-

    CM APPL.14795/2024 “a) Pass suitable Directions with operational mandate addressing concerns raised in paras 7. 8, 9 and 10 above;
    b) Order to allow unhindered entry into the site of Masjid Akhoundji of persons wanting to offer the Tarawih prayers during the month of Ramzan Shareef, beginning Sunset of 11 of March 2023 till Eid-ul- Fitr prayers in the morning of 11" of April, 2024, as per arrangements to be made by the Petitioners;
    c) Be pleased to ensure due operationalization of its Interim Directions per instant motion by directing the Counsels for Respondent Nos. I and 3 to communicate the instant Orders of this Hon'ble Court to District Police and Civic Authorities exercising jurisdiction over the concerned area so that all needful be done by them to operationalize the instant Order;
    d) Direct the Respondents herein and through them the concerned District Magisterial, Law & Order and Civic Authorities to coordinate and render all due cooperation in operationalizing the Hon'ble Court's Directions per the instant motion;
    e) Be pleased to allow Dasti Copy to all parties herein;
    f) Pass such further or other orders as may deem fit and proper in the facts and circumstance of the case.”

2. In essence, what has been sought is that the petitioner/applicant be allowed to have entry to the site of “Masjid Akhoundji”. It is noticed that in W.P.(C) 4757/2022, which is also a writ petition concerning the same “Madarsa-Masjid Akhoundji and Kabarstan situated in Khasra No. 1151/2, situated at Village Mehrauli, Ward No.2, Tehsil Mehrauli, New Delhi”,an application being CM. APPL. No. 11308/2024 came to be filed by the petitioner therein seeking inter alia the following reliefs:-

    “b) Order to allow unhindered entry into the Graveyard and site of Masjid Akhoundji of persons wanting to offer night-long prayers and do visitation at graves/site of graves of departed elders beginning from thirty minutes before Sunset on Sunday, the 25th of February, 2024 and ending thirty minutes after Sunrise on Monday, the 25th c) Direct the Respondents and through them the concerned Magisterial, Law & Order and Civic Authorities to provide temporary basic lighting via bamboo poles and light bulbs and water availability by means of a couple of mini tankers and in case that it is not found feasible, permit and facilitate the Petitioner Managing Committee to themselves make temporary arrangements for the same;
    February, 2024;
    d) Be pleased to ensure due operationlization of its Interim Directions per instant motion by directing the Counsels for Respondent Nos.1 and 3 to communicate the instant Orders of this Hon’ble Court to District Police and Civic Authorities exercising jurisdiction over the concerned area so that all needful be done by them to operationlize the instant Order;”

3. The said application was disposed of by a co-ordinate Bench of this Court vide order dated 23.02.2024 taking note of the Status Report filed on behalf of DDA with regard to the concerned property/land in question. The said order dated 23.02.2024, inter-alia, holds as under:- “16. The petitioner has also stated in its application that various further necessary arrangements will have to be ensured to facilitate the aforesaid has also stated in its application that various further necessary arrangements will have to be ensured to facilitate the aforesaid prayer. It is to be noted that the prayer in question, as has been made in the instant application, is in the nature of mandatory injunction.

The respondent, in their status report, have unequivocally stated that the structure in question has already been demolished and further, the order status quo granted by this court is being maintained on the site in question. The extract of the status report reads as under:-

    “ I, Surender Kumar, son of B. L. Meena, aged about 46 years, posted as Deputy Director (Hort.),


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