O R D E R

% 06.02.2024 CM APPL. 6959/2024 (for exemption)

1. Exemption allowed, subject to just exceptions.

2. Application is disposed of.

3. The present petition has been filed inter alia seeking to restrain the respondent no. 2/Delhi Development Authority (“DDA”) from blocking the main gate of Qanati Masjid (Qadimi Masjid Bagh Wali) by erecting concrete boundary-wall around the said mosque.

4. It is submitted that the Qanati Masjid and kabristan comprising adjacent land thereon bearing Khasra no. 1659 (Old)/1115(New) admeasuring 36 Bigha 18 Biswa situated at Village Mehrauli, Ward No. 6, Tehsil- Mehrauli, New Delhi-30 is a Gazette Notified property/land of the Delhi Waqf Board and the same is duly notified in the Delhi Gazette dated 16th April, 1970 and duly recorded in the revenue records/Jamabandi of the years 1949-50, 1937-38 and 1925-26.

5. It is further submitted that vide order dated 07th September, 2022 in W.P. (C) No. 12971/2022, this Court had directed for demarcation of the area in question, which application is pending before the Sub-Divisional Magistrate (“SDM”), Mehrauli.

6. It is submitted that the respondent no. 2/DDA has started constructing a concrete boundary wall and