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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10041/2025 and CM APPL. 41762/2025, CM APPL.

55619/2025

AL MADINA MASJID .....Petitioner

Through: Mr. Kuldeep Gola, Adv.

versus

RELIGIOUS COMMITTEE & ORS. .....Respondents

Through: Mr. Kapil Dutta, Standing Counsel

for MCD.

Mr. Syed Abdul Haseeb, CGSC for

R-2.

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 16.01.2026

1. The status report has been presented by the respondent – Municipal Corporation Delhi (‘MCD’) which inter alia states that pursuant to the decision taken by the Religious Committee, the Corporation has taken the action to its logical conclusion. The demolition drive was scheduled on

21.07.2025 and removal has already taken place.

2. Various circumstances have been explained in the status report filed by the respondent- MCD. Pragraph no. 8 onwards justify the bona fides on the part of the respondent authorities. For the sake of clarity, paragraph no.

8 to 14 are extracted as under:

“8. That vide Letter dated 08.10.2024, the Respondent Corporation informed the Religious Committee about the existence of a structure in

shape of mosque/masjid situated near DUSIB Flat No. 301, A-Block, New Ranjeet Nagar, Ward No. 87, KBZ in the prescribed format as desired by the Religious Committee. The copy of the letter dated 08.10.2024 are annexed herewith as Annexure-D).

9. That on 22.11.2024, the Religious Committee/Respondent No. 1 herein passed the impugned order which is under challenge in the present Writ Petition wherein a specific direction was given to the Municipal Corporation of Delhi to remove the encroachment/unauthorised Religious structure at it’s own level. Further, it was also observed by the Committee that the removal of this encroachment is crucial to restore unhindered public access and ensure safety for all. The copy of the Minutes of the Meeting of the Religious Committee is annexed herewith as Annexure- E.

10.That subsequently, a letter was received from the office of Asst. Commissioner of Police, Sub-Division Patel Nagar, Delhi on 02.06.2025 stating that the structure is built in a twenty feet vide gali that is blocking the vehicular movement and further stating that the local police is ready to provide adequate force and logistics as and when required for the removal of the structure. The copy of the letter dated 30.05.2025 is annexed herewith as Annexure-F.

11.That further it would be relevant to note here that on 10/07/2025 a communication was forwarded from Executive Engineer, C-10 of Delhi Urban Shelter Improvement Board to Assistant Commissioner of Police, copy of the same was also forwarded to the office of the Respondent Corporation, which stated that all the services and building activities, i.e. unauthorised construction and encroachment on service area pertains to MCD and any action in the matter may be taken by MCD. The copy of the letter dated 11.07.2025 is annexed herewith as Annexure-G.

12. That it would not be out of place to mention here that the concerned Assistant Engineer, M-II, Karol Bagh Zone on 15.07.2025 sent an intimation to the SHO, Ps Ranjit Nagar for providing of adequate Police Force along with the lady police for removal of encroachment on MCD land. The copy of the letter dated 15.07.2025 is annexed herewith as Annexure-H.

13.That pursuant to the requisition and letter dated 15.07.2025, the adequate police force was provided to the officers of the Municipal Corporation of Delhi on 21.07.2025 and the requisite action for removal of encroachment was carried out from the site in question. The officers of the Respondent Corporation were also conscious of the fact about the pendency of the present Writ Petition as the matter was listed on 16.07.2025 when the matter was simply adjourned for 21.07.2025. The Petitioner on 16.07.2025, when the matter was adjourned for 21.07.2025 was conscious of the fact that the Respondent Corporation is contemplating an action 21.07.2025 but the said fact was never brought to the notice of this Hon’b