India: Objections to the proposed removal of Sunheri Masjid in New Delhi

 Sh. Ashok Kumar Dhiman
Chief Architect
ARCHITECT DEPARTMENT
New Delhi Municipal Council
New Delhi
Subject: My opinion on your public notice regarding Sunheri Masjid.

Dear Sir,
           I am to draw your attention to the Public Notice, published in TOI, dated 24.12.2023, inviting objections and suggestions to the proposed removal of Sunehri Masjid located inside the roundabout at Rafi Marg adjacent to Udyog Bhavan in New Delhi, on the consideration of regulating traffic around.  the (notice by Architect NDMC inviting comments on email chief.architect@ndmc.gov.in). Earlier in this case, apprehending demolition of the mosque, the Delhi Waqf Board moved to the High Court of Delhi in WPCC) 8950/2023 and CM APPL 34086/203 and the Hon’ble Court, on assurance from NDMC, that they would not act in contravention of the legal position, disposed of the petition. Despite, this, within a week NDMC issued the public notice. The haste with which the notice has been issued indicates that NDMC is determined to remove/demolish the mosque and public notice, giving only 8 days to respond, is intended to provide a legal cover for ensuring demolition of the mosque. Moreover, the basic thrust of the notice is on demolition and not on the smooth flow of traffic on the roundabout. The mosque is not only a Waqf registered with and managed by the Delhi Waqf Board but also happens to be one of the 141 Heritage Sites notified by NDMC on the advice of the Heritage Conservation Committee.

The intention of the NDMC to demolish/re-allocate the mosque with the approval of the HCC, by treating it only as a heritage site suffers a legal infirmity that, Sunheri Masjid is also a practicing mosque having protection of the 1991 Act.

The consideration of traffic arrangements in the vicinity of the mosque is not tenable for the following reasons.

(a)        The mosque is located well within the roundabout and does not hamper traffic in any way. The public notice does not give the nature of obstructions of the roundabout, hence no suggestions are likely to come from the public on the notice.

(b)        There has been no dislocation of traffic on the roundabout due to the entry of namaziz into the mosque, as there is not much, and is manageable even on Fridays. There has been no complaint in this regard. However, if considered essential in the future, a subway can be conveniently provided from the footpath of any one of the five roads converging to the roundabout, exclusively for the mosque barring entry of others in the park adjacent to the mosque in the roundabout.

(c)        There are two other such roundabouts in the vicinity; at the Tughlak Road – Akbar road intersection, Krishi Bhavan and Janpath-Motilal Nehru road intersection, there is no such proposal for those roundabouts though the flow of traffic, there is much higher but is being smoothly managed by traffic police.

(d)        Section 11 (n), 11 (p), 2002 and 2007 of the NDMC Act 1994, referred to in the Public Notice relates to improvement, removal of obstructions in traffic regulating vehicular movement, and ownership/ control of public streets. The mosque being well within the roundabout is not on a public street and therefore invoking powers conferred under these Sections of the Act is not valid.

 As such, the mosque located inside the roundabout can be retained without any hindrance to the traffic around as other similarly placed roundabouts are not causing any problems.

Given the above, you are requested to make use of your good offices to respond suitably to the public notice in question, so that the Heritage Conservation Committee can be apprised that the mosque, which happens to be a heritage as well is causing no such hindrance which makes its demolition indispensable.

It is also advisable to ensure responses to the public notice citing the above reasons or many other reasons for which the mosque needs to be protected.

with regards
Your's Sincerely