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)
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