Delhi High Court Advocates Restraint in Turkman Gate Encroachment Case
The Delhi High Court has emphasized the need for calm and rationality in the ongoing dispute over the removal of illegal encroachments near the Faiz-e-Elahi mosque in the Turkman Gate area. During a hearing on Wednesday, the court described the matter as a "simple issue relating to encroachment removal" and cautioned against heightening passions, following violent incidents during a Municipal Corporation of Delhi (MCD) demolition drive in January.
Court's Remarks on PIL Misuse and Encroachment Concerns
A division bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia was addressing a petition filed by Mohd Kamran, a local resident. Kamran sought guidelines to curb the alleged misuse of public interest litigations (PILs) by the NGO Save India Foundation, which he accused of selectively targeting Muslim religious structures, thereby creating discrimination and law and order issues.
Kamran argued through his counsel that the NGO's actions, under the guise of encroachment removal, specifically targeted a graveyard adjacent to the mosque that has been used by the community for decades. In response, Chief Justice Upadhyaya remarked orally that no encroachments can be permitted on government or public land around any religious structures, but stressed that proper opportunities must be given to affected parties before any action is taken.
The bench noted that the mosque committee might not have taken adequate steps to secure its property, with survey reports being publicly available for a long time. Addressing Additional Solicitor General Chetan Sharma, representing the Centre, the court highlighted the historical context of the area, stating, "These are the areas which are infested with encroachments, since long, more than 100 years perhaps. The area is very densely populated... so far as such encroachments are concerned, say the baratghar or the clinic, they must be immediately removed."
However, the court acknowledged the sensitivity of structures like graveyards, which concern the entire community, not just the mosque committee. It urged that passions should not be heightened, reiterating that the core issue is straightforward encroachment removal.
Disposal of Plea and Background of Violence
The division bench disposed of Kamran's plea, noting that the Delhi High Court already has established rules for filing PILs, making further consideration unnecessary. However, it granted Kamran permission to request joining as a party in the pending petition filed by the mosque committee.
The court's comments come in the wake of a violent incident on January 6, when the MCD, acting on a Delhi High Court order from a PIL filed by Save India Foundation, removed some structures adjoining the Faiz-e-Elahi mosque on Asaf Ali Road. This action triggered unrest, with local residents allegedly throwing stones and police responding with mild tear gas. An FIR was registered, leading to the arrest of 20 people.
The episode has reignited tensions in the area, with memories of past conflicts resurfacing. The court's emphasis on maintaining calm and following due process aims to prevent further escalation, underscoring the legal and communal complexities involved in urban encroachment disputes in densely populated historical neighborhoods like Turkman Gate.
