Delhi HC directs Railways not to take action over notices issued to mosques for demolition

The Delhi High Court on Wednesday directed the Railways administration not to take any action based on the notices attached to two mosques here which demanded the removal of alleged unauthorised structures and encroachment on railway land.

Justice Prateek Jalan was hearing a plea filed by the Delhi Waqf Board, challenging the two notices affixed to the walls of Masjid Takia Babbar Shah and Bengali Market Mosque, situated near the Railway Bridge and Babar Road railway line, respectively.

The Board has argued that both mosques are waqf properties, and neither the land underneath them belongs to the Railways, nor are the mosques unauthorised structures.

The court has now directed the Centre to seek necessary instructions in respect to the plea and said that the notices were unsigned, undated, and did not specify the issuing authority.

The judge then ordered that no action should be taken based on these notices for the time being.

The Board's plea states that other than the impugned notices being generic, unsigned and undated, they were not sent to them directly.

From the content of the notices, it appears that the respondents (Railways) are planning to demolish the mosques making the action malicious, arbitrary, and without any valid reason.

The plea further argues that since the notices lack a specific date and signature and were affixed to the mosques instead of being delivered to the Board's office, there is an apprehension that the Railways might proceed with the demolition without any restraint unless directed by this court.