Supreme Court to Hear Appeal on Muhammadi Jama Masjid Demolition Stay

Rehan Khan

An appeal has been filed before the Supreme Court challenging the Delhi High Court’s refusal to stay the demolition of Muhammadi Jama Masjid and Madarsa located in Mangolpuri’s Y Block, New Delhi. The bench of Justices Sanjiv Khanna and R Mahadevan has issued a notice on the plea and scheduled the case for a hearing on August 1. This decision followed a mention of the case by Senior Advocate Sanjay Hegde.

Senior Advocate Hegde first brought the matter to the attention of a bench led by Chief Justice of India (CJI) DY Chandrachud, informing them that the demolition was scheduled for today. The CJI then directed Hegde to approach the bench led by Justice Khanna. Despite the urgency, Justice Khanna noted that the petitioners had not yet filed all necessary documents but stated that the current order would not obstruct the demolition process. Nonetheless, it was agreed in court that the demolition would be postponed until August 1.

The appeal arises from a Delhi High Court order that refused to halt the demolition of the mosque, which had been deemed an encroachment. The appellants argue that the Muhammadi Jama Masjid is not an encroachment, as was claimed in a writ petition filed by the Save India Foundation before the High Court. They assert that the land was officially allotted to the mosque in 1979, contrary to the claims made against it.

The Supreme Court appeal seeks additional time to submit documents substantiating the mosque’s legal status and the land allocation. The upcoming hearing on August 1 will be crucial in determining whether the demolition will proceed or be permanently stayed. This case highlights significant issues regarding property rights, religious structures, and the legal processes surrounding alleged encroachments in India.

Case title: Rehan Elahi vs. Delhi Development Authority (DDA) and Ors.

Diary no.: 32872-2024

Bench: Justice Sanjiv Khanna, Justice R Mahadevan