“Delhi High Court Directs Status Quo at Kalan Mosque — ‘No Further Construction Shall Be Carried Out’ Pending Joint Inspection by MCD and ASI”
Sanchayita Lahkar
The High Court of Delhi Single Bench of Justice Mini Pushkarna directed that status quo be maintained in relation to ongoing construction activities at the Kalan Mosque located in Hazrat Nizamuddin, South Delhi. The Court issued this directive while hearing a petition seeking immediate protection of the historical site. The Bench further directed the Municipal Corporation of Delhi (MCD) and the Archaeological Survey of India (ASI) to conduct a joint inspection of the mosque premises and submit a report prior to the next hearing. The Station House Officer of the local police station was directed to provide assistance during the inspection.
A writ petition was filed before the Delhi High Court seeking directions to halt alleged unauthorized construction activities being carried out at the Kalan Mosque, a 14th-century mosque situated in the Hazrat Nizamuddin locality of South Delhi. The petitioners contended that the construction was taking place within the mosque premises without requisite permissions or approvals, thereby endangering the structure's historical and religious integrity.
Upon issuance of notice, the matter was listed before Justice Mini Pushkarna on April 4, 2025. During the hearing, the counsel for the petitioners submitted that unauthorized construction was ongoing within the mosque premises. The petition emphasized the need for immediate judicial intervention to preserve the structure from any alterations that could compromise its heritage value.
Responding to the notice, the learned counsel appearing for the Municipal Corporation of Delhi submitted that officials from the MCD had conducted an inspection of the mosque premises on the morning of April 4, 2025. It was submitted that the inspection confirmed that some form of construction activity was underway inside the mosque premises.
The Archaeological Survey of India, which was also arrayed as a respondent in the matter, sought time to take instructions before making a formal statement before the Court. Meanwhile, the counsel appearing for the Delhi Waqf Board stated that no unauthorized construction was taking place at the site.
In view of the conflicting claims and the sensitive nature of the property in question, the Court considered it necessary to prevent further activity until the matter could be properly verified. The Bench directed all parties to maintain the existing state of affairs and issued further instructions for an immediate joint inspection by competent authorities.
The Court recorded the submission made on behalf of the Municipal Corporation of Delhi that officials had already inspected the site and “some construction is being carried out inside the mosque.”
The counsel for the Delhi Waqf Board submitted before the Court that “no unauthorized construction is going on.”
Given the opposing claims, the Court directed: “If that be the case, no further construction shall be carried out till the next date of hearing.”
Accordingly, the Bench issued the following directive: “It is directed that status quo shall be maintained as regards any construction within the premises of the mosque.”
The Court fixed responsibility on multiple authorities to ascertain the factual situation and ordered a coordinated inspection. In this regard, the Bench directed: “The MCD and ASI are directed to carry out a joint inspection of the property on 05th April, 2025 at 11:00 AM and submit the Report before this Court, before the next date of hearing.”
To ensure the safety and cooperation during the inspection, the Court issued a further direction: “The concerned Station House Officer (‘SHO’), Police Station, Hazrat Nizamuddin, shall provide police protection to the officials of the ASI and MCD at the time of joint inspection.”
The Court also directed participation from the statutory body responsible for the religious site: “The officials of Delhi Waqf Board shall also be present at the time of the inspection.”
The Court directed that the status quo shall be maintained in respect of any construction within the premises of the mosque.
The Municipal Corporation of Delhi and the Archaeological Survey of India were directed to carry out a joint inspection of the mosque premises on 05th April, 2025 at 11:00 AM and submit a report before the next date of hearing.
The concerned Station House Officer of Police Station Hazrat Nizamuddin was directed to provide police protection to officials of the ASI and MCD during the inspection.
Officials of the Delhi Waqf Board were also directed to be present during the inspection.
The matter was listed for further hearing on 15th April, 2025.
Advocates Representing the Parties:
For the Petitioners: Mr. Mujeeb Ahmed, Advocate
For the Respondents: Mr. Kapil Dutta and Mr. Vansh Luthra, Advocates for MCD; Ms. Nitika Bhutani, Advocate, Mr. Tushar Sannu, Mr. Shivam, and Ms. Aparna, Advocates, Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar, Mr. Abhinav Bhardwaj, and Mr. Amit Kumar Rana, Advocates
Case Title: Aas Mohammed & Another v. Municipal Corporation of Delhi & Others
Case Number: W.P.(C) 4303/2025 & CM APPL. 19961/2025
Bench: Justice Mini Pushkarna
[Read/Download order]
