O R D E R

% 02.09.2024

1. The petitioner in the instant writ petition prays for direction to the respondents to allow the access of the petitioner in the Old Mosque at MOR line, Delhi Cantonment allegedly situated in the premises of 1 Air Formation Signal Regiment, Delhi Cantonment 110010, without any restriction till the pendency of the suit bearing Muslim Law No. 2/23 titled as Maqsood Ahmad v. Union of India and Ors., which is pending adjudication before the Additional District Judge-02 and Waqf Tribunal, Patiala House Court, New Delhi.

2. Learned counsel appearing for the petitioner submits that his civil suit is still pending along with the application under Order XXXIX Rule 1 and 2 of Civil Procedure Code, 1908 and in absence of notification of the Waqf Tribunal under Section 83 of the Waqf Act, 1995, the proceedings before the concerned Tribunal could not be conducted. Learned counsel further submits that the petitioner is continuously performing prayer since 1988 as Imam and therefore, the respondents be directed to not create any hindrance in continuous offering of prayer by the petitioner. He further submits that vide Gazette notification dated 10.12.1969 which was published in the Official Gazette on 16.04.1970 vide entry No.166/69, the Mosque in question was earmarked as Mosque MOR lines, Delhi Cantonment Area inside the campus of Air Head Quarters, MOR lines, Delhi Cantonment (Mosque).

3. He further takes this Court through the identity card, which, according to him, was issued and was being duly renewed from time to time in favour of the petitioner by the Delhi Waqf Board and by Station Headquarters, Delhi, whereby, the petitioner was allowed to enter into the premises in question for offering prayer and other rituals. The petitioner, therefore, submits that the stand taken by the respondents that it is Sarva Dharma Sthal is completely incorrect and de hors the record.

4. The respondents, on notice being issued, have placed on record their short reply. According to the stand taken by the respondents, a civilian Imam, namely Maqsood Ahmad (petitioner herein) was allowed to assist personnel of Muslim Community in performing religious activities and for leading prayers at Sarva Dharma Sthal in Maude Line Campus of 3 Wing, Air Force (3 Wing AF) many years ago.

5. The respondents further state that the petitioner does not have any vested right to offer the prayers as the respondents, in order to minimize the entry of civilians at the place in question which has sensitive defence establishment, have decided that all the religious activities to be performed at Sarva Dharma Sthal shall be carried out by the uniformed personnel of 1 AFSR, 3 Wg AF and its lodger units as it was performed during Covid-19 pandemic, when no one was allowed to enter or leave the premises. They further state that all the religious activities are being performed by uniformed personnel only. The stand of the respondents is that no such Mosque exists as is being claimed by the petitioner. They submit that its Sarva Dharma Sthal and people from all religions are visiting for offering their prayers.

6. With respect to the Government notification, the respondents, in addition to the stand taken in the reply in question, state that they have elaborately dealt with the said aspect in their written submissions before the competent Court.

7. The respondents further reiterate that the reliance placed by the petitioner on the notification dated 16.04.1970 is completely misconceived. According to them, the defence land records are being maintained by the Defence Estate Officer of Delhi Circle, Delhi Cantt. and as per the information gathered from the Defence Estate Officer, no such old mosque (as claimed by the petitioner) exists in the premises of 1 AFSR which is situated upon the land under General Land Register Survey No.112 or in Survey of India Maps and the land belongs to Government of India, Ministry of Defence under the active use of Army/Air Force and ma