DDA pleads to HC to drop contempt proceeding against it
Two days after demolishing a mosque built at an encroached piece of public land here, the DDA on Friday moved the Delhi High Court pleading to it to drop contempt of court proceedings against it.
New Delhi: Two days after demolishing a
mosque built at an encroached piece of public land here, the
DDA on Friday moved the Delhi High Court pleading to it to drop
contempt of court proceedings against it for not complying
with its earlier 2006 order to reclaim the land.
"In compliance with the directions of this court, a
demolition programme was fixed on January 12 in consultation
with police department and illegal/unauthorised structure that
is a mosque called `Noor Masjid`, its boundary wall and a
newly constructed tin shed were removed and about 350 square
metre DDA land has been reclaimed," the DDA told a bench
headed by Justice G S Sistani.
Seeking dropping of the contempt proceedings, which were
initiated by the High Court for non-compliance of its earlier
order, the agency also tendered "an unqualified apology" for
its failure to reclaim the land earlier.
"It has the greatest respect for the court ...the
respondent (DDA) submits that its has not violated the
judgement/order of this court," the DDA said in its affidavit.
It also submitted its compliance report to the High
Court`s order for reclaiming encroached public land, annexing
the same with photographs taken after the demolition of the
mosque at Jangpura in south Delhi.
The court had in 2006 issued contempt notice to the DDA
on a petition of Jangpura Residents` Welfare Association,
represented by advocate R K Saini, alleging that its direction
to demolish the illegal structure had not been complied with.
Taking the DDA`s affidavit on record, Justice Sistani
fixed the matter for further hearing on March one.
Meanwhile, during the day, Delhi Wakf Board (DWB)
approached a larger bench of the court seeking modification of
its earlier order to the DDA to demolish the mosque allegedly
built on the encroached land.
"How can we set aside the order by entertaining your writ
petition. If we allow you (DWB) to argue and something else is
found then we will impose a heavy cost of Rs one lakh on you
because you are a statutory body," the bench headed by Chief
Justice Dipak Misra said.
Taking serious note of the petition, the bench said that
the right forum was the Wakf Tribunal and not the court.
"How can the order of a division bench can be set aside
by another and moreover, the writ petition was not filed under
the Constitution of India," the court remarked, while allowing
the petitioner to withdraw the plea.
"The petition is permitted to be withdrawn," it said.