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Delhi's Akhoondji Masjid and Behrul Uloom madrasa in Mehrauli, dating back 600-700 years, demolished by the DDA, sparking outrage, Delhi Waqf Board contests the legality; the Delhi High Court demands DDA's explanation for razing the historic structures
In the early hours of a Tuesday morning, Imam Zakir Hussain of the Mehrauli mosque was met with a significant change. As he was preparing for the day's morning prayers, authorities arrived to enforce a decision made by the Delhi Development Authority (DDA). The decision was clear: the mosque, alongside the Behrul Uloom madrasa operating within its premises where children lived and studied, was to be demolished due to its status as an illegal structure.
This action, carried out on January 30, was part of a broader initiative to uphold the law and ensure the proper use of land in the rapidly evolving city of Delhi. The structure in question, known as the Akhoondji Masjid, along with the attached madrasa, holds a place in local lore, believed by some to date back 600-700 years to the era of Razia Sultana. However, it's important to note that despite its historical significance to some community members, the building was not officially recognized as a heritage structure.
Imam Hussain, who had been serving the mosque for the last 1.5 years, shared his experience of the event. "We were barely given ten minutes to gather our things before the machines came and demolition started," he stated, emphasizing the swift enforcement action taken by the DDA. According to Hussain, the authorities also took measures to secure the area, including escorting him away from the site and deploying CISF personnel to oversee the process. The prompt removal and disposal of debris were part of the effort to ensure safety and minimize disruption.
Shamstabrez Khan, affected by the demolition, shared his personal plight, "My wife died due to liver issues, and finding a graveyard was hard during the pandemic. This was the only place we could find a resting place for her despite living far away in Uttam Nagar," highlighting the human side of the enforcement actions. Despite such individual stories, the overarching need to protect public land from unauthorized use remains a priority.
The aftermath also impacted the lives of children studying at the madrasa. One parent, Mohammad Sohail Sheikh, expressed his surprise and distress upon finding the institution gone, "I came to drop off some clothes for my son because it’s been so cold here lately but I couldn’t find the madrasa," indicating the abrupt nature of the demolition for some families.
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The DDA clarified that the action was taken as part of efforts to free the ridge area from all types of illegal encroachments, a decision backed by the Ridge Management Board and the Religious Committee. "Removal of illegal structures, religious in nature, was approved by the Religious Committee," the DDA stated, affirming the legality of the demolition.
In response to recent developments surrounding the demolition of an illegal structure that served as a mosque and madrasa in Delhi, the DDA has articulated its stance, ensuring the public that all actions taken were in strict adherence to legal and procedural norms. "We have followed all due procedures," a DDA official stated when queried by The Indian Express about the alleged absence of a prior notice to the mosque authorities.
The demolition has sparked a wide array of reactions, particularly because it followed assurances given to the Delhi High Court that no mosque, graveyard, or legally owned Waqf property within the Mehrauli Archaeological Park would face demolition. This promise was made in the context of a petition by the Delhi Waqf Board, highlighting the delicate balance between preservation and development initiatives in historically rich areas.
Public discourse on social media has criticized the demolition as "unconstitutional," reflecting broader concerns about the treatment of properties owned by Muslims. This incident is part of a larger narrative where actions by various state governments have been viewed through a communal lens, notably after a statement from the Assam Chief Minister, Himanta Biswa Sarma, regarding extensive demolitions in the state, which garnered significant attention online.
The DDA's actions, as explained, were carried out with full compliance with legal frameworks, aiming to address unauthorized constructions irrespective of communal affiliations. This approach aligns with the broader objective of maintaining order and legality in urban development, ensuring that all structures, without exception, meet the required legal standards.
By reiterating their adherence to due procedures, the DDA emphasizes the importance of law and order in urban planning and development.
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Delhi High Court Asks DDA to Explain Demolition of Historic Mosque
The Delhi High Court on Wednesday called upon the Delhi Development Authority (DDA) to clarify the circumstances surrounding the demolition of the Akhoondji mosque and its attached madrasa in Mehrauli, reportedly 600 years old. The court's inquiry centers on whether the DDA provided any form of notice before proceeding with the demolition.
Justice Sachin Datta has given the DDA a deadline of one week to submit a detailed response. This response must cover the reasons behind the demolition, the legal and procedural basis for the action, and crucially, whether the mosque authorities were given prior notice. This directive from the Delhi High Court underscores the importance of procedural transparency and accountability in the management of heritage sites.
The Delhi High Court has directed the Delhi Development Authority (DDA) to submit a comprehensive reply within one week regarding the demolition of the Akhoondji mosque and the Behrul Uloom madrasa in Mehrauli. "Let the DDA file its reply within a period of one week clearly setting out the action that has been taken in respect of the concerned property and the basis thereof and as to whether any prior notice was given before taking the demolition action," the Court mandated.
This case is set to be revisited on February 12, as part of an ongoing inquiry initiated by an application from the Delhi Waqf Board. This application is part of a larger petition that has been under consideration since 2022, concerning the now-demolished structure.
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News reports have highlighted that the mosque and the madrasa were razed by the DDA in the early hours of January 30, sparking a significant dialogue about the preservation of historical sites and the legal procedures surrounding urban development actions.
Locals have voiced that the mosque stood for nearly 600-700 years, tracing back to the Delhi Sultanate period. In the midst of these proceedings, the counsel for the Delhi Development Authority (DDA) informed the Court that the demolition was carried out following the recommendations of the Religious Committee on January 4.
The Committee reportedly provided a chance for the Chief Executive Officer (CEO) of the Delhi Waqf Board to present their case. Despite this, the Delhi Waqf Board's lawyer argued against the Committee's decision, stating, "the Religious Committee has no jurisdiction to order any demolition action."
Representing the Delhi Waqf Board in court was Advocate Shams Khwaja. On the other side, the Government of the National Capital Territory of Delhi (GNCTD) was represented by Additional Standing Counsel Avishkar Singhvi, alongside advocates Naved Ahmed, Vivek Kr Singh, and Deokinandan Sharma. The DDA's legal representation included its Standing Counsel Sanjay Katyal and advocate Nihal Singh, highlighting the legal complexities surrounding the demolition of the historic structure.
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