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Judgment
MINI PUSHKARNA, J. (ORAL):
The present writ petition has been filed seeking quashing of the communication dated 01st November, 2024, issued by the Office of the Executive Engineer, Delhi Development Authority (“DDA”), which reads as under:
ANNEXURE-A Typed Copy
DELHI DEVELOPMENT AUTHORITY
OFFICE OF EXECUTIVE ENGINEER
RMD-2, 6th FLOOR, DDA OFFICE COMPLEX
MADHUBAN CHOWK, ROHINI, DELHI.
Email – [email protected].
No. F1(05)/Misc./AE-II/RMD-2/DDA/365.
Dated :- 01/11/24
To,
The
President,
Noori Masjid,
Sector 20, Rohini,
New Delhi – 86.
SUB :- Encroachment in the shape of religious structure “Noori Masjid” existing on DDA land in Sector 20 Rohini.
Ref. :- Your letter no. Nil dated 08.07.2024.
In reference to above, it is to inform that Land Management Dept. DDA has reported that land under reference i.e. where mosque under reference exists is a DDA land. The allotment of said land has never been awarded to you. Hence, by identifying this mosque as an encroachment over Govt. land the demolition proceeding is being initiated.
As far the allotment of land is concerned, the same pertains to Land Disposal Dept., DDA, Vikas Sadan.
(Er. Naresh Falwaria)
Executive Engineer
RMD-2/DDA
Copy to :-
AE-II/RMD-2 for information and n.a.
Executive Engineer RMD-2/DDA
//TRUE TYPED COPY//
Learned counsel appearing for the DDA submits that the matter with regard to the subject matter of the present writ petition, has been referred to the Religious Committee on 05th April, 2025. She submits that proceedings are pending before the Religious Committee, and as of now there is no recommendation by the Religious Committee for taking any action against the property in question, i.e., Noori Masjid, Sector 20, Rohini, New Delhi. She, thus, submits that no action shall be taken by the DDA till the matter is pending before the Religious Committee, and therefore, the present writ petition is pre-mature.
Accordingly, this Court notes the aforesaid submissions made by the DDA that no action shall be taken till any recommendation in this regard is made by the Religious Committee. This Court further takes note of the fact that the matter is still pending before the Religious Committee.
At this stage, learned Senior Counsel appearing for the petitioner submits that a requisite notice ought to be given to the petitioner by the DDA in terms of the judgment passed by the Supreme Court, before any action is sought to be taken, if so recommended by the said Religious Committee.
Accordingly, it is directed that requisite action shall be taken by the DDA only if any recommendation is made by the Religious Committee in that regard, after issuance of the requisite notice to the petitioner, in accordance with law.
Needless to state, in case, the petitioner is aggrieved by any order passed by the DDA/Religious Committee, the petitioner is at liberty to seek its remedies, in accordance with law.
With the aforesaid directions, the present writ petition, along with the pending application, stands disposed of.