Latest news with #DelhiWaqfBoard
Hindustan Times
6 days ago
- Politics
- Hindustan Times
SC dismisses Delhi Waqf Board appeal seeking possession of gurdwara
New Delhi The Supreme Court on Wednesday dismissed an appeal filed by the Delhi Waqf Board seeking possession of a pre-independence gurudwara in Oldenpur village of Shahdara as waqf property, observing that the board should have relinquished its claim once the records showed that a religious structure had been functioning on the land since 1948. A bench of justices Sanjay Karol and Satish Chandra Sharma passed the order on a 2012 appeal filed by the board, challenging a Delhi high court order of September 24, 2010, which held the property to be in possession of the late Hira Singh, who had purchased it from Mohammad Ahsan in 1953. Dismissing the appeal, the court said, 'The records show there is a gurudwara functioning since Partition. Once a religious structure is there, you should yourself relinquish your claim.' The Waqf Board, represented by senior advocate Sanjoy Ghose, contended that the high court disturbed concurrent findings by a trial court, first in October 1982 and then again in February 1989, in the board's favour. He said that the property has been since time immemorial dedicated as waqf property and witnesses in the suit deposed that there was a mosque and 'some sort of a gurudwara' came to be built over that. The bench interjected Ghose and said, 'It is not some sort of gurudwara. There is a fully functional gurudwara there.' The board claimed that the property in question was gazette notified on December 3, 1970, and subsequently corrected by another notification of April 29, 1978, published in the Delhi Gazette on May 18, 1978. As per the Waqf Board records, the property in question was notified as 'Masjid Takia Babbar Shah'. The high court, in its judgment, had said: 'The defendant (Singh) was admittedly in occupation of this property since 1947-48... It is also true that the defendant was not able to adduce any document of title to evidence the purchase of this property, yet this does not in any manner benefit the plaintiff (Waqf Board) who has to establish his own case and prove it to enable him to obtain a decree of possession.' The high court had noted that although the board claimed it to be waqf property, no dates were given as to from which date the property was being used as a masjid. 'This assumes special relevance as the defendant (Singh) in his written statement had specifically controverted this stand.' The board had relied on the deposition of witnesses, who attested to the fact that the mosque was constructed by Muslim owners of the property, and the defendant occupied it illegally since 1948. The high court relied on a 1979 Supreme Court decision in the Board of Muslim Waqfs, Rajasthan case, where it held that where a stranger who is a non-Muslim and is in possession of a certain property his right, title and interest therein cannot be put in jeopardy merely because the property is included in the list published under the Waqf Act, 1954. Going by this verdict, the high court held that the gazette notification of the property being waqf 'would not be binding on a stranger or a person who does not fall in the category of 'person interested in a wakf' as defined under Section 3(h) of the act. Singh had pointed out that the Gurudwara Managing Committee was managing the premises in dispute. It was further stated that the Waqf Board had filed two suits that were withdrawn in 1970 and 1978. He further pointed out that under Section 64 of the Limitation Act, a suit for recovery of possession of property has to be filed within 12 years from the date when the right to sue accrued. In the present case, the Waqf Board filed the suit in December 1980, which was time-barred.
India Today
6 days ago
- General
- India Today
There is a gurdwara, let it be: Supreme Court rejects Delhi Waqf board's claim
The Supreme Court on Wednesday dismissed the Delhi Waqf Board's claim over a property as "waqf property", pointing out that a gurdwara was already functioning petition was filed challenging a 2010 order of the Delhi High Court that held that the property in east Delhi's Shahdara was being used as a gurdwara since 1947 and the Waqf board could not establish it to be a "waqf property".advertisement"Once there is a gurdwara, let it be. A religious structure is already functioning there. You should yourself relinquish that claim," the Supreme Court said. The order comes at a time when another bench of the top court has reserved its decision on petitions challenging the constitutional validity of the Waqf law.
India Gazette
22-05-2025
- Politics
- India Gazette
Delhi HC reserves order on a plea for non eviction from Dargah Bhoore Shah's premises
New Delhi [India], May 22 (ANI): The Delhi High Court on Thursday reserved order on the petition by a person who claimed to be the caretaker of Dargah Bhoore Shah's premises, seeking a direction for non-eviction from its site. A Demolition was carried out by the civic agency in the year 2023 ahead of the G20 Summit. Justice Sachin Datta reserved order after considering the submissions and affidavit filed by the concerned authority. The petitioner has also sought a direction to restore the demolished structure to its original position and give a compensation of Rs. 10 Lakh. The petitioner, Yusuf Baig, had filed two petitions in 2023 seeking direction to agencies not to evict/dispossess the petitioner from the place of Dargah Hazrat Bhoore Shah situated at Amir Khusro Park opposite Masjid Chakkar Wali, Neela Gumbad, Hazrat Nizzamuddin. That the petitioner claimed to be the caretaker of Ancient Dargah Hazrat Bhoore Shah at Amir Khusro Park and has been doing work as a mutawalli for the past 26 years, and this monument has existed for 500 years at the opposite Masjid Chakkar Wali, Neela Gumbad, Hazrat Nizzamuddin Mathura Road, New Delhi. On the other hand, the Delhi Waqf Board in its response stated that the Petitioner has no locus standi to present the instant Petition on behalf of Dargah Hazrat Bhoore Shah, as he is not the caretaker of Dargah Hazrat Bhorey Shah as per office records maintained by the Delhi Waqf Board. Delhi Waqf Board also submitted that a caretaker or mutawali of a Waqf does not, under any circumstances, have a personal right of residence or ownership over the property in question. A Dargah is a public place, and its management or custodianship is a duty carried out in trust for the benefit of the public. It is not a place for private occupation or settlement, the response said. The Board also stated that the appointment of any caretaker is governed by the terms laid down by the Waqf Board, and any deviation from the intended purpose of service and care to personal or residential use amounts to misuse of the position for personal aggrandisement. The petitioner's claim that he, along with his family, is residing in the Dargah premises due to his role as caretaker is both untenable and contrary to law. The law does not grant hereditary or occupational rights to caretakers, the response said. The board also said that it prima facie appears that the demolished structures were unauthorised constructions, carried out without any legal sanction or approval from the Delhi Waqf Board or any competent authority. The Delhi Waqf Board cannot take responsibility for any unauthorised encroachments undertaken without its consent or knowledge. However, It was stated by the petitioner that the Dargah exists in an area measuring 1000 square yards and is distinguished and separated from Amir Khosrow Park (Triangular Graveyard) by a wide drain between two properties. It was further stated that during the Asian games around 1982-83, a flyover was constructed on the way commencing from Neela Gumbad to India Gate, and during that process, some portion of Dargah was used to make the road wide; the wide road starting from Neela Gumbad is alongside Dargah Hazrat Bhure Shah. The petitioner further stated that pavement was also constructed during that time leading to Dargah mentioning that after Dargah approximately 30-35 metres pavement was constructed which is blocked by the boundary wall erected by PWD. From the wall erected by the PWD flyover starts without pavement. It was also mentioned that pavement starting from Neela Gumbad is used by pedestrians to reach Dargah Bhure Shah and second part of the pavement starting from Dargah to flyover is not in much use. The petitioner also referred to a circular dated 5 May 2014 issued by the government of Delhi revealing that only those religious structures on public land which are in the nature of encroachment can be demolished. It was submitted that Dargah in question has not been treated as encroachment upon public land pertaining to circular of 05.05.2014 hence, no demotion proceeding was started against a Dargah in question. The petitioner has also argued that Government of Delhi relied upon letter of 15 March 2023, informing representative of Dargah. The said letter has been filed as document which gives the impression that representative of Dargah has constructed additional shrine/Mazar upon the footpath. Upon this misconception PWD issued directions to the petitioner to remove construction erected upon footpath in view of the G20 Summit, the petitioner submitted. (ANI)
Indian Express
05-05-2025
- Politics
- Indian Express
On alleged encroachment by Hazrat Bhure Shah Dargah near Nizamuddin, HC seeks final stance from Waqf Board
The High Court on Monday granted the Delhi Waqf Board the last opportunity to file a synopsis explaining its stance in a petition seeking restoration of the demolished structure around the nearly 500-year-old Hazrat Bhure Shah Dargah near Nizamuddin in Delhi. Justice Sachin Datta granted the Delhi Waqf Board a final opportunity to make its stance clear in a written synopsis and posted the matter for further consideration on May 13. In a petition by Yusuf Baig, mutawalli (who acts as a supervisor or manager) of the Dargah, situated at Amir Khusro Park opposite Masjid Chakkar Wali, Neela Gumbad, it has been contended that the shrine is 500 years old, and that the dargah as well as the land around it was notified as Waqf land in the Delhi gazette on December 30, 1976. According to the petitioner, PWD demolished a structure of the shrine on April 1, 2023, in preparation for the G20 Summit, without any prior notice. Baig has contended that during the Asian Games held in 1982-83, a flyover was constructed on the way commencing from Neela Gumbad to India Gate, and during that process, some portion of the Dargah was used to make the road wider, which runs alongside the shrine. A pavement was also constructed during that time, leading to the shrine. It is Baig's case that PWD has 'wrongly and falsely' asserted that the said shrine is a hindrance towards the use of pavement and 'no question arises of encroachment upon public land/footpath.' Baig has also contended that the existence of Dargah Bhure Shah 'cannot be termed as encroachment or unauthorised construction upon the public land as the same has been in existence for approximately 500 years and out of the purview of the religious committee of the Delhi government'. Noting that a circular dated May 5, 2014, issued by the Delhi government permits demolition of only those religious structures on public land that may be viewed as encroachment, Baig has contended that the shrine has not been treated as encroachment upon public land.
