The Idgah wins temporary relief after the DDA issued a notice demanding Rs 12 lakh for the religious use of the park land
NEW DELHI — The Shahi Idgah mosque in Delhi’s Sadar Bazar area has received a major reprieve from the Delhi High Court after facing the threat of action by the Delhi Development Authority (DDA). The court, in its order, stopped the DDA from taking any steps regarding a park near the Idgah where a religious gathering, or Ijtema, was held in December last year.
The mosque management had organised the event in the adjoining park but had not taken permission from the DDA, which later issued a notice demanding Rs 12 lakh for using the land. The Shahi Idgah Management Committee moved the high court, arguing that the park was part of the Idgah premises and under Waqf ownership, not the DDA’s.
Justice Vikas Mahajan, hearing the case on Thursday, restrained the DDA from taking action and issued a notice to the authority seeking its response. The matter has now been listed for further hearing on 10 September.
“The court has directed that no coercive action will be taken by the DDA as per its notice dated 11 February 2025,” the counsel for the Idgah committee said after the hearing.
The petitioner’s lawyer told the court that a case had already been filed in the Waqf Tribunal against DDA’s claim of ownership over the land. However, due to the tribunal not being functional because of insufficient members, the case could not move forward.
“The DDA must not take any action until the Waqf Tribunal decides on the matter,” said the Idgah committee’s lawyer. “Our suit is already pending. But the tribunal has not been working properly for months now. The DDA is taking advantage of this delay.”
The lawyer added, “The park has always been considered part of the Idgah. It is used for religious purposes and should be protected under Waqf laws.”
The DDA, in response, opposed the plea. Its lawyer pointed out that a single judge of the high court had earlier ruled that the park belonged to the DDA. The Idgah committee had then challenged that ruling before a division bench.
The DDA’s legal representative said, “The park is under our ownership, and no one is allowed to use it without our permission. The religious event was held without any approval, and we issued the notice to recover Rs 12 lakh.”
He added that the DDA was acting strictly according to rules, and if the land was used for public or religious purposes, it must be regulated under applicable laws.
Several Muslim leaders welcomed the high court’s order, saying that Muslims were being unfairly targeted over religious gatherings. “The Idgah has been there for generations,” said Maulana Aftab Qasmi, an Islamic scholar in Delhi. “Now the authorities are trying to take even the land around our places of worship.”
He added, “It is painful to see that Muslims are being pushed into legal battles even when they are simply gathering for prayer or religious unity. This order shows that the law still listens, but the pressure on Muslims is growing every day.”
Locals in the Sadar Bazar area also said the park had always been used by the Idgah. “We have never seen DDA officers here in all these years,” said Mohammed Sajid, a 58-year-old shopkeeper. “Only when Muslims organise something, they come up with these rules and fines. Why do they not question others?”
The issue has once again highlighted the growing number of disputes between Muslims and government agencies over Waqf properties across India. In many states, Waqf boards have complained about encroachments, demolitions, and land grabs.
“There is a systematic move to weaken Muslim institutions,” said Shakeel Ahmad, a researcher who works on Waqf issues. “Whether it is Idgahs, graveyards, mosques, or madrasas, the interference is increasing. We are being told to prove our history and ownership again and again.”
He added, “The non-functioning of Waqf Tribunals is a serious matter. If Muslims do not even have a legal forum to defend their rights, how can they hope for justice?”
The court observed that in the absence of a working tribunal, the petitioner should not be left helpless. “Keeping in view the fact that the Waqf Tribunal is non-functional… the DDA will not take any action,” Justice Mahajan said in his order.
The DDA is expected to file a detailed response before the next hearing in the case.
Advocate Farhan Ali, representing the Idgah committee, said, “We are hopeful. The land belongs to the Idgah, and we are ready to prove it. But we need the legal system to work properly. The Waqf Tribunal must be revived urgently.”
