PIL in Delhi HC on increasing ‘illegal’ Mosques and Mazars at public places in the national capital.

Delhi High Court Issues Notice On PIL Seeking Removal Of Alleged Unauthorized Construction Of Mosques, Dargahs At Public Places.

Nupur Thapliyal | LL Online | New Delhi | Aug 7, 2023::The Delhi High Court on Monday issued notice on a public interest litigation seeking removal or demolition of mosques, darghas, mazars and graveyards allegedly “illegal and unauthorisedly” constructed at public places in the national capital.

A division bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee sought response of the Union Government through Ministry of Home Affairs, Delhi Government, Delhi Police, Municipal Corporation of Delhi and Delhi’s Public Works Department.

The plea has been moved by five individuals who have claimed that the tendency of constructing mosques and mazars at public places in Delhi is rapidly increasing day by day and that the authorities have failed to discharge their mandatory duty in dealing with the matter.

“…. such illegal activities are rapidly increasing with intention to capture more and more land illegally and unauthorisedly in the name of pseudo religion due to which the national integrity and National Interest is being jeopardised,” the plea states.

A direction is sought on the authorities to take necessary action for demolishing or removing the religious structures in question which are raised or constructed at public places, pathways or highways.

The petitioners have also sought a direction on the authorities to ensure that no religious or any type of mosque, mazar, graves or other religious constructions are constructed at public land.

“The situation is so alarming that such activities might give rise to communal disharmony and is affecting public as well as law and order, but the Respondents are negligent in performing their constitutional responsibilities and duties as no action is being taken against such illegal construction for political reasons thereby giving a jolt to the secular fabric of the Constitution,” the plea submits.

It adds: “The Mazars at public roads are creating day to day trouble for the pedestrians. The persons holding the charge of mazars spread ‘Chadar’ and coerce the public to pay donations and in this way a huge amount is collected by adopting all nefarious acts. The matter becomes worse on Thursdays when the organizers collect huge amount of money creating superstitions in the mind of public. On Thursday evening even some times road is blocked by the organizers. Quwwalis are organized and traffic is obstructed. The unsocial elements take advantage of the situation and a number of mis-happenings including outraging the modesty of women occur.”

Advocates Hari Shankar Jain, Vishnu Shankar Jain, Parth Yadav, Mani Munjal and Amita Sachdeva appeared for the petitioners.

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Courtesy: Live Law.