New Delhi, Sep 14 (PTI) The Delhi High Court has sought response of the city government and Delhi Waqf Board on a plea accusing the board of being silent on alleged alienation and illegal construction at a graveyard on Idgah Road.
A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela issues notice to the Delhi government, Delhi Waqf Board, Municipal Corporation of Delhi and Delhi Police on the petition.
The court asked the authorities to file their replies within four weeks and listed the matter for further hearing on November 11.
It also clarified that any construction carried out at the property shall be subject to the further orders of the court and directed that status quo shall be maintained with regard to the title.
Petitioner Mohammad Mazhar Ahmed submitted that qabristan Ahata Badruddin, situated at Idgah Road here, is a notified waqf property.
The petitioner, represented through advocate M Sufian Siddiqui, claimed that the property has been subject to alienation by way of fraudulent transactions which have resulted in unauthorised construction on it and the graves on the premises being desecrated.
He submitted that the alienation and consequent illegal construction is violative of certain provisions of the Waqf Act and the Bharatiya Nyaya Sanhita.
He further said the provision of the Waqf Act completely prohibits any form of alienation of a waqf property and therefore the silence on part of the respondents regarding the alienation is not justified.
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