Security stepped up as MCD encroachment inspection at Turkman Gate sparks protest

For the second straight day on Monday, officers of the Delhi Police visited the Turkman Gate, Ram Leela Maidan, after the Municipal Corporation of Delhi (MCD) Sunday visited the spot to inspect and mark an area allegedly encroached by a mosque, and a graveyard illegally. The police increased deployment of officers in the area as the MCD team was met by resistance from locals.

Following a petition seeking direction for removal of illegal encroachments, by Save India Foundation trust last year, the Delhi High Court (HC), in an order dated November 12 last year, had observed that the land on which the mosque stands, belonged to the government — also noting that there appears to be an inter-departmental dispute involving the land. The HC referred to a Joint Survey Report (JSR), conducted by government departments. It ordered action by authorities concerned against the alleged encroachments.

However, the mosque’s managing committee, Masjid Syed Faiz Allah, moved the HC, seeking a stay on the proposed demolition, due to be heard today on Tuesday.

The JSR, carried out by the MCD, Delhi Development Authority, Land and Development Office (L&DO), Revenue Department, Public Works Department and police officers, noted that there were encroachment on a PWD road, an MCD land where commercial activities are being undertaken, and a L&DO land where the mosque and graveyard stand.

Following the HC’s order, two rounds of meetings took place that was attended by stakeholders, including the managing committee, and a member of the Delhi Waqf Board (DWB).

During the meetings, Hafiz Matloob Karim, General Secretary of the managing committee, was asked about the ownership documents of the land in question. He submitted that the Faiz Elahi Masjid and Dargah Syed Faiz Illahi is over 100 years old and existed prior to Independence as a functioning mosque and a graveyard. He submitted that both were ‘Waqf by user’ properties, for which submission of ownership or title document is not required.

However, the MCD found that the Gazette Notification of 1970, relied upon by DWB, does not clearly specify or demarcate the area corresponding to the land in question.

The meetings concluded that neither of the parties have been able to place on record evidence to establish ownership or lawful possession of the land. “By no stretch of imagination, masjid or dargah or graveyard can be used as a marriage venue or clinic. This is a blatant misuse of public land,” the statement read.

Dilshad Ahmed, also a member of the mosque’s managing committee, on Monday said that there needs to be a fair representation. “If this was an encroached land, where have the authorities been since so many years?” he said, claiming that the encroachment mentioned by the PWD has already been removed.

MCD officials did not respond to calls and messages for a comment on the matter.