The Delhi High Court has issued a strong directive to maintain status quo on all construction activities inside the 14th-century Kalan Masjid, located in the Hazrat Nizamuddin area of South Delhi.
The matter came before Justice Mini Pushkarna on April 4, 2025, during a hearing on a writ petition (W.P.(C) 4303/2025) filed by Aas Mohammed and another petitioner. They approached the court, alleging unauthorized construction inside the historic mosque premises.
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"Accordingly, it is directed that status quo shall be maintained as regards any construction within the premises of the mosque," stated Justice Mini Pushkarna.
Details from the Court Order
The petitioners were represented by Advocate Mujeeb Ahmed, who submitted that construction activity was happening inside the premises without proper authorization, putting the mosque’s structure at risk.
On the other side, the Municipal Corporation of Delhi (MCD), represented by Mr. Kapil Dutta and Mr. Vansh Luthra, confirmed that their officials had conducted an inspection on the morning of April 4, 2025, and observed that some construction was indeed taking place.
However, the Archaeological Survey of India (ASI), represented by Ms. Nitika Bhutani, mentioned that they had not yet received instructions regarding the matter.
Interestingly, the Delhi Waqf Board, represented by Mr. Tushar Sannu and his team, claimed that no unauthorized construction was ongoing.
"If that be the case, no further construction shall be carried out till the next date of hearing," the Court added.
To resolve the matter factually, the Court ordered a joint inspection of the mosque site involving:
- Officials from the MCD
- Representatives from the Archaeological Survey of India (ASI)
- Officials from the Delhi Waqf Board
"The MCD and ASI are directed to carry out a joint inspection of the property on 05th April, 2025, at 11:00 AM and submit the report before the next date of hearing," directed the Court.
In view of the sensitive nature of the issue, the Court further directed the Station House Officer (SHO) of Hazrat Nizamuddin Police Station to provide police protection during the joint inspection.
"The concerned SHO shall provide police protection to the officials of ASI and MCD at the time of joint inspection," the order stated.
The officials of the Delhi Waqf Board were also instructed to be present at the time of inspection, ensuring full transparency in the process.
The Court has listed the matter for the next hearing on April 15, 2025.
"Re-notify on 15th April, 2025," the judge directed.
Title: AAS MOHAMMED & ANR v. MUNICIPAL CORPORATION OF DELHI & ORS
