Delhi High Court Issues Notice in DDA Plea on Shahi Madarsa Demolition Stay

The Delhi High Court has issued a notice in response to a plea filed by the Delhi Development Authority (DDA) seeking the vacation of a stay on the demolition of Shahi Madarsa and Qabarstan Kangal Shah in the Ridge area in Dhaula Kuan. Justice Sachin Datta directed the Managing Committee to file a reply within ten days, and the matter is scheduled for further hearing on February 29, 2024.

During the hearing, Justice Datta questioned the basis for demolishing a structure that has been present for a long time, asking the DDA counsel about the specific provision for such action. The DDA submitted that the structures are on encroached land in the ridge area near Dhaula Kuan and that the religious committee has recommended the action.

Justice Datta raised concerns about the jurisdiction of the religious committee, and the court asked if the Madarsa is distinct from the Mosque. The court directed the managing committee to file a reply, indicating that the issue would be further examined.

Advocates Fuzail Ahmad Ayyubi, Ibad Mushtaq, and Akanksha Rai appeared for the managing committee during the hearing.

The DDA, in its plea, emphasized that the site in question is part of the Central Ridge, a protected forest where residential and commercial activities are prohibited. The DDA argued that the preservation of the Central Ridge is crucial for the city.

Justice Prateek Jalan had previously granted a stay against the proposed action on November 2, 2023, after considering submissions from the managing committee of Shahi Madarsa and Qabarstan Kangal Shah. The stay was granted, taking into account that the structures are over a hundred years old, and the court directed not to take any coercive action until the next hearing.

The managing committee had moved the petition in anticipation of potential action following a meeting of the Religious Committee on October 20, 2023. The court had directed authorities to file counter affidavits within four weeks from the date of the order. The main matter is scheduled for a hearing on May 13, 2024.