Religious Committee To Consider: Delhi High Court Disposes Hazrat Bhoore Shah Dargah Caretaker's Plea Seeking Compensation For Alleged Illegal Demolition

The Petitioner, claiming to be the caretaker of the Ancient Dargah situated at Amir Khusro Park, had approached the High Court seeking compensation of Rs 10 lakh for the demolition of the structure without any notice.

The Single Bench of Justice Sachin Datta held, “In the circumstances, this Court remands the matter back to the Religious Committee to consider the matter in the light of the intervening developments in the aftermath of its meeting held on 17.07.2023 and take a considered decision in the matter. The Religious Committee shall consider the stand/version of the authorities (including the Delhi Waqf Board) as also the stand of the petitioner as referred to hereinabove.”

Advocate Javed Ahmad represented the Petitioner, while SPC Jitesh Vikram Srivastav represented the Respondent.

Factual Background

The counsel for the Government of National Capital Territory of Delhi (GNCTD) emphasised that the status of the structure referred to in the petition was examined by the Religious Committee constituted vide a Circular of Home (Police-II) Department, Government of NCT of Delhi. In terms thereof, the committee has a wide mandate to deal with the demolition of religious structures on public land, having the nature of encroachments. Reliance was also placed on an order of the Supreme Court passed in the year 2009, wherein the Court held that in cases of unauthorised construction of a religious nature which has already taken place, the State Governments and the Union Territories shall review the same on a case-by-case basis and take appropriate steps.

Reasoning

The Bench referred to the affidavit of the petitioner wherein it was mentioned that a copy of the official gazette was placed on record, wherein Dargah had been shown as notified wakf property of more than a hundred years old, having an area approximately 1000 square yards.

The Bench thus remanded the matter back to the Religious Committee to consider the matter in the light of the intervening developments in the aftermath of its meeting held on July 17, 2023 and take a considered decision in the matter.

Cause Title: Yusuf Baig v. Government of NCT of Delhi (Neutral Citation: 2025:DHC:7716)

Appearance:

Petitioner: Advocates Javed Ahmad, Firasat Ali, Wasim Ahmad, Nazreen Ansari

Respondent: SPC Jitesh Vikram Srivastava, Advocate Prajesh Vikram Srivastava, SC Sameer Vashisht, Panel Counsel Vaishali Gupta, SC Tushar Sannu, Advocate Aqsa, CGSC Saumya Tandon, SC Monika Arora, Advocates Anamika Thakur, Subhrodeep Saha, Prabhat Kumar

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