HC Allows Delhi Waqf Board to Challenge Centre’s Actions on Central Vista Properties

HC Allows Delhi Waqf Board to Challenge Centre’s Actions on Central Vista Properties

On Monday, the High Court informed the Delhi Waqf Board that it may return to the court if the Centre takes any actions affecting its properties related to the Central Vista Redevelopment Project.

Justice Purushaindra Kumar Kaurav noted that the project has been approved by the Supreme Court and advised the board to withdraw its 2021 petition, which sought protection for six of its properties in the area.

The senior counsel representing the petitioner clarified that the Waqf Board was not opposed to the Central Vista project itself but was requesting a guarantee against losing its properties.

"Withdraw this petition. We do not want to complicate. As and when they take any action, you can come," the judge said.

The court permitted the board to withdraw its petition while retaining the option to file a new one if necessary. The board had initially approached the high court in 2021 seeking the preservation and protection of six properties amid the ongoing redevelopment work. These properties include Masjid Zabta Ganj on Mansingh Road, Jama Masjid on Red Cross Road, Masjid Sunehri on Bagh Road near Udyog Bhawan, Mazar Sunehri on Bagh Road behind Motilal Nehru Marg, Masjid Krishi Bhawan within the Krishi Bhawan compound, and Masjid Vice President at the Vice President of India's official residence.

In December 2021, Solicitor General Tushar Mehta assured the high court that no action was being taken against the Delhi Waqf Board properties near the project area. He explained that, due to the long-term nature of the redevelopment plan, the properties in question had not yet been affected.

The high court had subsequently adjourned the hearing, expressing "full faith" in the Solicitor General's assurance and denying the petitioner’s lawyer's request to officially record the statement.

In December of the previous year, the Waqf Board's counsel reported that the mazar near the Sunehri Bagh mosque had been demolished during the ongoing proceedings. However, the Centre’s counsel countered that the demolition was carried out by the New Delhi Municipal Council (NDMC) and that no actions were being taken against the properties in question.

Claiming that the six properties in the redevelopment area "are more than an ordinary mosque and have a distinction attached to them", the Delhi Waqf Board has said in its petition that neither the British government nor the Government of India ever created any hindrance in the observance of religious practices at these properties, which were always preserved.

"The waqf properties, subject matter of the present petition, are all more than 100 years old and are continuously being used for religious purpose. It is not the case that the government buildings were built first and thereafter, these properties came into existence. To the contrary, these properties were well in existence when the government buildings were constructed around them or in the vicinity," the petition filed through lawyer Wajeeh Shafiq has claimed

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