The petitioner, Mohammad Mazhar Ahmed, contends that the graveyard, which holds significant cultural and religious importance, has been unlawfully compromised. He claims that certain individuals have conducted fraudulent transactions, leading to construction that desecrates graves on the property. Represented by advocate M Sufian Siddiqui, the petitioner emphasizes that these actions violate both the Waqf Act and the Bharatiya Nyaya Sanhita, highlighting a broader issue of waqf property management.
The petition also points to inaction on the part of the Waqf Board, accusing it of ignoring the alleged infractions. The complaint seeks judicial intervention to stop any further construction at the site and to preserve the sanctity of the graveyard. The Delhi High Court has imposed an interim order, calling for the cessation of ongoing construction until the matter can be further reviewed.
The case has garnered attention due to the larger issue of how waqf properties, which are meant to serve the religious needs of communities, are managed and protected. This situation highlights growing concerns over the protection of heritage sites, religious institutions, and land ownership disputes across the country. Multiple government agencies, including the Delhi Police and the Municipal Corporation of Delhi, have been called upon to submit their responses to the court. The bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, has given these bodies four weeks to present their replies.
This legal battle comes amid broader debates surrounding the protection and management of religious sites in India. Numerous complaints have been filed in courts across the country regarding encroachments and unauthorized developments on waqf lands, often raising questions about the efficiency of local governing bodies. This case, in particular, will test the judicial system's ability to address concerns about transparency, governance, and respect for religious properties.
As the court awaits a detailed response from the involved parties, the focus will be on whether the Waqf Board and government agencies can address the alleged mismanagement and restore confidence in the system that safeguards these lands. The next hearing is scheduled for November 11, where the court will review the responses and potentially move toward a resolution.