2023/DHC/001769

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 6^th March, 2023

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W.P.(C) 4063/2020

ZAHIR AHMED

..... Petitioner

Through:

Mr. Khan Zulfiquar Khan and Mr.

Deepak Kumar Mishra, Advocates.

(M: 9560376098)

versus

GOVERNMENT OF NCT OF DELHI THROUGH DISTRICT

MAGISTRATE

& ORS.

..... Respondents

Through:

Mr.

Wajeeh

Shafiq,

Standing

Counsel for Delhi Waqf Board. (M:

9953756236).

Ms. Lubna Naaz, Advocate for R-3.

Mr.

Raghuvendra

Upadhyay,

Assistant Standing Counsel for R-4.

CORAM:

JUSTICE PRATHIBA M. SINGH

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.

Digitally Signed By:RAHUL

Signing Date:11.03.2023

12:19

Signature Not Verified

2023/DHC/001769

3. The prayers in this writ petition are as under:-

“а.

circumstances of the case.”

4. Admittedly, the said property is in the vicinity of India Gate in New

Delhi. The case of the Petitioner in the writ petition is that he and his family

have been living in the said property for several decades and the property

was separated from the mosque by a wall constructed between the mosque

and the said property.

5. The Petitioner relies on a civil suit was instituted by the Waqf Board

being Civil Suit No. 597/1995 titled ‘Delhi Wakf Board v. Sh. Zaheer

Digitally Signed By:RAHUL

Signing Date:11.03.2023

12:19

Signature Not Verified

2023/DHC/001769

Ahmed & Sh. Rashid Ahmed’seeking possession of the said property. The

said suit was dismissed vide order dated 14^th October 1998, as the parties

had not led evidence in the matter.

6. The grievance of the Petitioner is that in 2005, the Respondent No. 3-

Mohd. Asad i.e. the current Imam of the Masjid, along with others accused,

demolished the wall which separated the said property from the Waqf

property/Mosque. A First Information Report (‘FIR’) was also registered in

this regard by the occupants of the said property. However, it is stated that

after the intervention of the police, the petitioner could reconstruct the wall

that was demolished by the Respondent No. 3. Finally, various orders were

passed by this Court in Writ Petitions filed by the occupants as also by the

Petitioner leading to proceedings under the Waqf Act, 1995.

7. The Petitioner avers that since 2009 various notices for eviction have

been issued by the Waqf Board and eviction orders have been passed by the

WaqfBoard and the SDM, the details of which have been given in the

petition, against the workers/employees of the Petitioner, namely, Mr.

Zainul, Mr. Sainul and Mr. Nafees. As per the Petitioner, no such eviction

notices have ever been issued against the Petitioner in respect of the said

property. Hence, the Petitioner seeks reinstatement in the said property.

8. It may be noted that as per the Eviction Order passed by the CEO of

the Waqf Board dated 6^th March 2009, against Mr. Zainul, the Petitioner -

Mr. Zahir Ahmed had appeared on behalf of Mr. Zainul and was unable to

show any authority under which both Mr. Zainul and Mr. Zahir Ahmed were

occupying the said property. Accordingly, the CEO of the Waqf Board

directed that Mr. Zahir Ahmed, Mr. Zainul and all other encroachers were

liable to be evicted.

Digitally Signed By:RAHUL

Signing Date:11.03.2023

12:19

Signature Not Verified

2023/DHC/001769

9. The Petitioner is aggrieved by Order dated 2^nd March 2020 whereby

the occupants were directed to vacate the said property