A significant land dispute near Delhi’s historic Turkman Gate, involving the Faiz-e-Ilahi Mosque and adjacent property, has escalated beyond a local encroachment matter. This case intricately weaves together aspects of government land, Waqf claims, historical documentation, and judicial proceedings.
The controversy began when the Save India Foundation filed a complaint with the government. The complaint alleged illegal occupation of government land at Ramlila Ground, Turkman Gate, which was reportedly being used for wedding functions, parking facilities, and even a clinic and diagnostic center.
Investigation and Land Ownership Confirmation
Following the complaint, a joint survey was conducted by the Land & Development Office (L&DO), Delhi Development Authority (DDA), and the Municipal Corporation of Delhi (MCD). The survey revealed encroachment on 2,512 square feet of land, with an additional 36,428 square feet of Ramlila Ground’s government land under occupation, operating as a wedding venue, parking area, and private medical center.
To establish ownership, the government meticulously examined records from 1952 to 1972. Both DDA and L&DO confirmed the land unequivocally belongs to the Government of India, registered under L&DO records. No transfer or allotment in the name of the Waqf Board was found during this investigation. Subsequently, based on these findings, the Save India Foundation filed a petition with the Delhi High Court.
Judicial Directives and Final Decision
The Delhi High Court issued directives to remove the illegal encroachments and mandated an Action Taken Report (ATR) within three months, while ensuring all parties were given a full opportunity to be heard. During the first hearing, the mosque management asserted the mosque’s age exceeding 100 years and claimed it as Waqf property. They denied operating a wedding venue, stating the empty space was occasionally used for weddings, and also claimed a cemetery existed on the premises. Conversely, DDA and L&DO maintained the land has consistently been the property of the Government of India, with no ownership documents held by the Waqf Board.
In a second hearing, the Waqf Board cited a 1970 Gazette notification mentioning the mosque, though the precise land boundaries remained unclear. However, L&DO presented crucial evidence: a lease deed from February 15, 1940, pertaining to only 0.195 acres of land, with no subsequent leases or allotments recorded.
The MCD’s final order definitively stated that no rights could be proven for any land exceeding 0.195 acres. Consequently, this land remains the property of the Government of India (L&DO). The order clarified that activities like wedding venues, parking, clinics, or any income-generating operations cannot be conducted on this government land beyond the mosque/dargah/cemetery. Therefore, all structures built beyond the legitimate 0.195 acres were deemed encroachments and subsequently removed. The government explicitly affirmed that the entire mosque was not declared illegal, as the 0.195 acres of land is recognized as valid.
