6 Jun 2025, Fri

Supreme Court Dismisses Delhi Waqf Board Please Against Gurudwara in Shahhadara | ‘Milord, that pillow Babbar Shah Masjid was …’, Delhi Waqf Board claims on gurudwara, Supreme Court said

The Supreme Court has dismissed the petition of the Delhi Waqf Board filed for a gurdwara in the martyrdom of Delhi. The court says that when there is already a religious structure there, then let it be. The Waqf Board had filed this petition challenging the 2010 decision of the Delhi High Court, in which the High Court had ruled in favor of the defendant. The defendant says that this land was sold to him in the year 1953.

Justice Sanjay Karol and Justice Satish Chandra Sharma were hearing the bench case. The bench told the Waqf Board that they should withdraw their claim on their own. On behalf of the petitioner, Senior Advocate Sanjay Ghosh said that the Delhi High Court had also admitted that there was a mosque, but now there is some kind of gurudwara. On this, the court told the lawyer that there is no kind, there is a proper gurdwara.

Justice Satish Chandra Sharma said, ‘There is a gurudwara on that land, which is also functioning. When there is a gurudwara, let him live. If a religious structure is already there, then you should withdraw your claim yourself.

The Waqf Board told the Supreme Court that there was a mosque named Babbar Shah at the disputed site. He said that this mosque was present since time immemorial and was dedicated to religious objectives. However, the defendant claims that in 1953, the disputed property was sold to him by his owner Mohammad Ehsan. In 2010, the Delhi High Court also ruled in favor of the defendant.

The High Court had said in its judgment that the defendant was occupied since 1947-48. It is also true that the defendant could not present any documents as the owner for the purchase of property, but the Waqf Board will not benefit. The court had said that if the board wants possession, then it will have to establish its case and present the documents.

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