New Delhi, June 21: The 40-year-old Faizyab Masjid and Madrasa in Sarai Kale Khan are set to face demolition after the caretaker, Deen Mohammed, unexpectedly withdrew a legal petition that had previously secured protection for the structures. This decision, approved by the Delhi High Court on May 12, 2024, has raised significant concerns among the community and legal experts.
In April 2024, the Delhi High Court had granted temporary relief to the mosque and madrasa following a petition filed by Deen Mohammed through his advocate Fuzail Ayubi. The court had issued notices to the Delhi Development Authority (DDA) and the Delhi Religious Committee, directing a status report on the property and providing temporary protection until a hearing scheduled for May 8, 2024. However, this hearing was postponed to September 12, 2024.
In a surprising turn, Deen Mohammed, represented by Advocate Kamlesh Kumar Mishra, requested to withdraw the petition and agreed to vacate the premises within a month. The vacation bench, led by Justice Amit Sharma, granted this request, dismissing the petitions and setting a strict one-month deadline for vacating the premises.
Justice Sharmas ruling stated, “In view of the caretaker’s undertaking, respondent Nos. 1 and 2 are directed to allow one month for the petitioner or any related party to vacate the premises of Faizyab Masjid and Madrasa situated at Khasra No. 17, Bhehlolpur Khadar, Sarai Kale Khan, Hazrat Nizamuddin, New Delhi.”
The land for the mosque was donated by Deen Mohammed’s father in 1972, with the mosque being completed in the early 1980s. Deen Mohammed, as the donor’s son, became the Mutawalli (caretaker) of the property. Despite this, the DDA and local civic authorities have deemed the structures unauthorized, citing land acquisition proceedings and labeling them as encroachments on public land.
The sudden withdrawal of the petition has left many puzzled. Jamaat-e-Islami Hind (JIH) Assistant Secretary Inamrurahman, who has been closely monitoring the situation, expressed his surprise and concern over the abrupt change. “The mosque’s legal team had compelling evidence of their legal status as a Waqf property, but the sudden reversal is very shocking,” he stated.
Community members and legal experts are questioning the circumstances leading to the withdrawal and the role of the Delhi Religious Committee. There are concerns about potential conflicts of interest, as the official overseeing the committee also serves as the administrator of the Delhi Waqf Board.
The controversy began in March-April when local police informed the mosque’s administrators about impending demolition plans. Deen Mohammed’s initial petition argued that the property was not an encroachment and presented documentary evidence supporting its legal status. The petition also highlighted that the Delhi Religious Committee lacked authority over Waqf properties under the Waqf Act, 1995.
With the one-month grace period now underway, the future of the Faizyab Mosque and Madrasa is uncertain. The community and legal fraternity are closely watching the developments, hoping for a resolution that respects religious rights and upholds justice for minorities.
