Court stays construction of mosque near Jama
Masjid
Friday July 20, 2012 06:31:34 PM, IANS
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New Delhi: The Delhi
High Court Friday stayed the construction of a mosque near the
proposed Jama Masjid Metro station and told the municipal
corporation to hand over the site to the Archaeological Survey of
India (ASI).
The court's full bench also told the ASI to probe whether the 17
century Akbarabadi Masjid existed on the site or not.
"We are of the opinion that it is ASI which has to take over the
site immediately to investigate whether Akbarabadi Masjid existed
there or not," the court said.
It also ordered the Municipal Corporation of Delhi (MCD) to cordon
off the site with the assistance of the police so that no one can
enter the area.
The bench comprising of Acting Chief Justice A.K. Sikri, Justice
Sanjay Kishan Kaul and Justice Rajiv Shakdher said: "There should
not be further construction on the site. The MCD shall cordon off
the area with the assistance of police. The police is also
directed to provide full cooperation to MCD."
The Delhi government was also directed to hold the highest level
of meeting to deal with the issue.
"We also expect that the government at the highest level will hold
a meeting to deal with the issue," the court said.
A high-level meeting had earlier been called by Chief Minister
Sheila Dikshit to stop the construction. The meeting was attended
by the ASI director general, police commissioner and officials of
the union ministry of urban development.
The court also asked MCD to file a status report on the Jama
Masjid development plan and slated the matter for July 25.
"Meanwhile, the MCD shall submit latest status report regarding
Jama Masjid development plans," the bench said.
The court's direction came after senior advocate Aman Lekhi along
with a group of lawyers referred to media reports on the
construction at the site.
They sought the direction of the court alleging that a legislator
from Matia Mahal, Shoaib Iqbal, was illegally constructing a
mosque on the government land near Jama Masjid.
Lekhi argued that the MCD and police had failed to stop the
construction and did not take action against Iqbal who had taken
law into his hands.
Digging in Subhash Park area for the Delhi Metro project had led
to the discovery of a building's remains, believed to be of the
Mughal-era Akbarabadi Masjid. Soon, Iqbal and his supporters
started the construction of a mosque on the site.
The counsel appearing for the MCD told the court that it was ready
to cordon off the area and seal the site but the police had to
cooperate with it.
Delhi Police's standing counsel assured the bench that the police
would fully cooperate with the MCD.
Subhash Park falls within the restricted zone of two protected
heritage sites -- the Sunehri Masjid and Red Fort.
Any construction in the area requires permission from the National
Monuments Authority.
The Delhi Metro has already shifted the location of the upcoming
station 50 metres from the site.
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