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 is threatening to block the entry/exit of the main gate of the aforesaid Qanati Masjid.

7. It is submitted that despite several complaints against the illegal blocking of the main gate of Qanati Masjid, the respondents have ignored to act upon the same.

8. Issue notice.

9. Notice is accepted by learned counsels appearing for the respondents.

10. Learned Standing Counsel for respondent no. 2/DDA submits that there existed a boundary wall earlier, which was in dilapidated condition. Therefore, the DDA is only re-constructing the already existing boundary wall. She further submits that the area in question is not being blocked, as there is accessibility to the said area, which is the subject matter of the present petition, from the DDA park. She further submits that the Jamabandi relied upon by the petitioner only mentions graveyard and not any masjid.

11. It is further submitted by learned Standing Counsel for the DDA that the petitioners have raised the dispute with respect to title of the area in question, for which petition is pending before the Waqf Tribunal. However, she submits that the land in question is government land under the ownership of DDA.

12. The aforesaid statement made by the learned Standing Counsel for DDA, on instructions, is recorded that the area in question, which is subject matter of the present petition, is accessible from the DDA park.

13. On the other land, learned counsel appearing for the Waqf Board submits that the land in question belongs to the Waqf Board.

14. Reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

15. List on 11th July, 2024.

MINI PUSHKARNA, J FEBRUARY 6, 2024 c