Take no action on notice to mosques for encroachment: Delhi HC to Railways

Delhi HC directs Railways not to take action on notices pasted on two mosques.

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.

Justice Prateek Jalan granted time to the central government counsel, on his request, to take instructions on the petition 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 court observed that the notices were not signed, did not mention the authority under which they were issued, and could be pasted on any structure.

"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.

“It appears that the notice is a generic notice purportedly issued by the Railway Administration, Northern Railways, Delhi which calls upon the public to voluntarily remove temples/mosques/mazars from railway land within 15 days failing which they would be removed by the railway administration.”

"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," ordered the court.

The central government lawyer said he would take "clear instructions" on the issue, and added, the two mosques form part of the 123 delisted properties that have been taken over by the Centre from the petitioner.