The Delhi High Court has refused to order the restoration of electricity and water connections to Race Course Mosque, a Waqf property near the Prime Minister’s official residence, after the utilities were disconnected on October 7.
Justice Saurabh Banerjee dismissed a petition filed by the mosque’s imam, Mohd Haroon, on October 15. Meanwhile, government sources told The Indian Express that no eviction notice had been issued to the mosque, although Haroon has claimed that officials asked him to vacate the premises.
The mosque is a Grade II heritage structure notified in 2009. It is located within the Race Course Club complex, which covers around 53 acres near 7, Lok Kalyan Marg. The Centre has cited “national security” as the reason for taking possession of the area, where eviction and demolition proceedings have also affected nearby slum settlements.
Why the High Court Rejected the Petition
Haroon, who lives in a room attached to the mosque, approached the High Court on October 12, seeking restoration of the electricity and water supply.
During the hearing, the New Delhi Municipal Council (NDMC) argued that it could not restore the connections while demolition work, including the removal of informal settlements, was underway. The civic body cited concerns about public safety and said the Land and Development Office (L&DO), which is overseeing the work and is expected to take possession of the land, had not been made a party to the petition.
The NDMC also argued that the mosque premises were covered by an August 25 High Court judgment that cleared the way for the eviction of around 700 slum dwellers near the Prime Minister’s residence. Those residents have since been relocated to Savda Ghevra, around 50 kilometres away.
Dismissing Haroon’s plea, the court noted that the Delhi Waqf Board, which it described as the “original occupant” of the premises, had not challenged the disconnection.
The court also observed that Haroon, as an imam appointed by the Waqf Board, had not established an independent right to the property that would allow him to claim a violation of his fundamental rights.
It said the petition raised “serious disputed question of facts”, including whether Haroon had any right, title or interest in the premises and whether the mosque fell outside the scope of the August 25 judgment.
The court said these questions were beyond the scope of the writ petition.
Waqf Board Seeks Restoration of Electricity and Water
On October 8, the Delhi Waqf Board wrote to the NDMC’s executive engineer seeking restoration of the utilities. The board said the connections had been disconnected without “any prior notice or apparent valid reason”, despite all dues having been paid.
It also stated that the mosque had maintained a lawful electricity connection since 1976.
On October 19, the board wrote to the L&DO, requesting protection for the mosque and its adjoining graveyard and restoration of electricity and water.
A Delhi Administration gazette notification dated September 8, 1977, lists the mosque and graveyard as Waqf property under entry number 18. The property covers two bighas and is described as being behind Safdarjung Tomb.
The Waqf Board and the imam have described the mosque as more than a century old, with a capacity of around 800 worshippers.
Questions Over Waqf Board’s Leadership
The Delhi Waqf Board has had no elected body since the previous body’s term ended in August 2023. Officials appointed by the Lieutenant Governor took charge in January 2024 and have administered the board since.
The dispute has also prompted political and religious representatives to seek intervention from the Centre. AIMIM chief Asaduddin Owaisi asked Union Minority Affairs Minister Kiren Rijiju to intervene, while a delegation of Jamiat Ulama-i-Hind submitted a memorandum requesting that no demolition take place until the legal dispute is resolved.
Hurriyat chairman Mirwaiz Umar Farooq has also expressed concern over the reported eviction notice.
