Jangpura Masjid – High Court did not order demolition
Lieutenant Governor approved a “Religious Committee’s” Recommendations which are not being
divulged despite pending RTI Petition
Dr Syed Zafar Mahmood
President, Zakat Foundation of India
info@zakatindia.org
All documents quoted in
this article are available at
www.wakfwatch.org
and www.zakatindia.org
Urdu New Article
جنگ پورہ مسجد کی شہادت : دال
میں کالا کھل کے دکھنے لگا ہے
Urdu Version (مسجد
نور کی شہادت : سرکاری تعصب و ظلم کا شکار)
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Page 1
Page 2
January 13, 2010 (New Delhi): Last year, on 12 November 2010, I happened to offer Friday namaz for the first time in Masjid Noor of Jangpura in New Delhi. Imam Sahab was telling the audience that
there was threat of demolition of the masjid. After the namaz was over, I told
my staff to stay back and collect details from Imam Sahab. Within the next few
days we received copies of some related documents. A thorough study thereof
revealed that there was something amiss.
Delhi Government’s Home Deartment had
written to the Delhi Development Authority (DDA) that the Lt. Governor’s Religious Committee had recommended
the demolition of the masjid. On 19 November, Zakat Foundation of India (ZFI)
wrote to the Lt. Governor asking him under the Right To Information Act as to who all are the
members of the Religious Committee, names and addresses of the members who
attended the relevant meeting held on 16 June 2009, copy of the minutes of the
meeting and copy of the paper on which the Lt. Governor approved these minutes.
On 25 November the LG Secretariat forwarded the ZFI’s RTI petition to the
Commissioner-cum-Secretary of DDA asking him to provide the required information
to ZFI. On 1 December 2010 DDA’s Sr RO (RTI) forwarded the ZFI’s petition to the
DDA’s Deputy Director (NL)-I. The LG Secretariat also advised the ZFI to file a
separate petition to Delhi Government’s Home Department as some of the queries
were to be answered by them. On 2 December ZFI sent another RTI petition to Delhi
Government’s Home seeking the same information as it sought earlier from the LG.
No response has since been received either from DDA or from Delhi Home
Department.
The matter had reached this stage while, using huge police force, DDA demolished
the masjid on 12 January 2011. In the Gazette Notification of Delhi Government
dated 25 September 1975 in Khasra no. 633 at entry no. 20 it is mentioned the
Muslim graveyard measuring 6 bigha 13 biswa. The notification is signed by the
Secretary, Delhi Wakf Board which also has copy of Jamabandi of 1947-48 showing
the land as Muslim graveyard. On 26 August 2010 Delhi Wakf Board wrote to the
Director (LM) of DDA that the impugned piece of land is duly notified in the
Delhi Gazette of 1975 and is entered in the Jamabandi of 1947-48. The masjid has
been existing there for several decades. Copies of Gazette and Jamabandi were
provided to DDA. The Board told DDA that the local Muslims were apprehending
demolition of masjid by DDA and requested it that no demolition should occur as
it would be illegal and will vilate the religious rights of Muslims.
The demolition has occurred under the pretext of Delhi High Court order dated 9
July 2008 in WP© No. 9358 of 2006. This writ was filed in 2006 by the Jangpura
Residents Association so that the unauthorized construction and encroachment on
the adjoining Nala and the public land could be removed and it could be restored
as green area. Since then MCD has been intermittently submitting status reports
to the High Court. The court order further observes that the status report dated
30 July 2007 shows that the de-silting of the Nala was completed in June 2007.
Encroachments had been removed and the land had been developed. Later, on 7 July
2008, Jangpura Residents Association filed a fresh application before the High
Court for issue of directions to the respondents to remove all other structures
including the masjid. However, having examined the photographs filed by the
Association it appeared to the Court that most of the unauthorized structures
have been removed and there is a boundary wall constructed to ensure that no
further encroachments take place. It is stated by the counsels for the
Petitioners that any further grievance that the Petitioner may have, including
those made in the present application, will be promptly looked into and
appropriate action taken thereon. ‘In view of this statement, this Court does
not consider it necessary to continue to monitor the progress of the
implementation of its directions.’
Thus, the High Court did not order the demolition of the masjid. The Lt.
Governor, DDA and the Delhi Government Home Department have not yet divulged the
minutes of the meeting of the Religious Committee held on 16 June 2009 nor the
names and contact details of those who attended the meeting. On the other hand
the Delhi Wakf Board had informed DDA on 26 October 2010 that the 30 year old masjid
is located at a land owned by Delhi Wakf Board as per 35 year old gazette
notification and the Jamabandi of 1947-48. Even then, using massive police
force, DDA committed the gross illegality injuring the sentiments of millions of
Indian Muslims.
Muslims have thus started feeling that the current governments in Delhi and at
the Centre have no place for them in their heart. Sachar Committee report and
PM’s 15 Point Program for Minorities worked as a show piece. These have mostly
not been implemented. Muslims are not nominated @ 13.4 % wherever the Government
has discretion. Government officers are not sensitized toward Muslims. Many a
time their prejudice continues against Muslims as in the case of Masjid Noor of
Jangpura, New Delhi.
The officials found guilty for this demolition should be
punished. Masjid should be reconstructed. Monitoring Committees of Muslims and
other minorities should be constituted to oversee the implementation of the
welfare schemes.
Related Documents
Jangpura Masjid DDA forwarding note
Jangpura masjid Delhi Home Dept letter to DDA
Jangpura Masjid Delhi Wakf Board letter to DDA
Jangpura Masjid High Court Order
Jangpura
Masjid Land Gazette
Jangpura Masjid LG Forwarding Letter of ZFI Petition to DDA
Jangpura Masjid LG's letter to DDA
Jangpura Masjid ZFI RTI Petition to LG
