Take no action on notice to mosques for removal of encroachment: Delhi High Court to Railways

File photo: Delhi High Court

July 26, 2023

The Delhi High Court on Wednesday directed the Railways not to take any action pursuant to its notices pasted on two mosques on Tilak Marg and Babar Road for removal of unauthorised structures and encroachment from its land.

The court granted time to the central government counsel, on his request, to take instructions on whether the notices were issued by the Railways in their current form.

“The said notices are unsigned, undated, and do not bear out the authority under which they are issued. For the moment, no action will be taken pursuant to these notices,” the court said.

“What kind of a notice is this? Some generic thing… is it being posted everywhere? The way it reads, it can be posted on any (building). It does not refer to any building, no date, no nothing,” the court remarked.

The court was hearing a plea by the Delhi Waqf Board which claimed that the notices were “generic” and the two mosques, “Masjid Takia Babbar Shah near Railway Bridge on Tilak Marg and Masjid Bachchu Shah on Babar Marg, which is also known as Bengali Market Mosque, ” are not unauthorised and the land does not belong to the Railways.

The matter would be heard next on August 3.

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