New Delhi, Nov 6 (PTI) The Delhi High Court on Friday sought the stand of the New Delhi Municipal Council (NDMC) on a plea by the imam of the Race Course mosque seeking restoration of electricity and water supply to the religious structure situated on a Lutyens' Delhi land parcel that was recently taken over by the Centre for "public purpose".
A bench of Justices Subramonium Prasad and Renu Bhatnagar issued notice to NDMC on the appeal by Mohd Haroon assailing a single judge's October 15 order, which rejected his plea to restore the essential services.
Seeking NDMC's response in two weeks, the bench questioned the civic authority on how the electricity connection was disconnected without notice and listed the matter for hearing in December.
Advocate M Sufian Siddiqui, appearing for the appellant, argued that the mosque is a duly notified waqf property, and electricity and water supply to it were abruptly disconnected without notice or due process.
Electricity and water are essential facets of Article 21 and cannot be withdrawn dehors due process and statutory safeguards, the lawyer contended.
He submitted that although the action was purportedly based on a high court order concerning the demolition of surrounding slum clusters, the mosque was never a subject matter of those proceedings.
It was also contended that the single judge wrongly ruled that in spite of uninterrupted occupation of three decades, the duly appointed imam possessed no right, title or interest in the mosque.
The appeal, therefore, submitted that the single judge's order was ex facie perverse, fundamentally misconceived and wholly unsustainable in law.
"On 07.10.2026, during demolition of the surrounding jhuggies, NDMC disconnected the existing electricity and water connections serving the mosque and hujra... the disconnection was effected without prior intimation, notice or an opportunity of hearing.
"No disconnection order, outstanding dues, allegation of theft or statutory violation applicable to the subject connections was disclosed," the appeal said.
"NDMC disconnected the appellant's existing electricity supply in an utterly precipitous, high-handed and arbitrary manner, without even intimating the appellant of the proposed action, much less issuing any prior notice, affording an opportunity of hearing or disclosing any statutory authority or reasoned order," the plea added.
A worshipper's petition to protect the mosque from demolition is pending in the high court.
On October 29, the high court had refused to allow worshippers access to the Race Course mosque located in the precincts of Jaipur Polo Ground even as the central government assured that no coercive action would be taken against the religious structure for the time being.
The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August.
A petition against the demolition of a century-old mosque in Krishi Bhawan, which is being redeveloped as part of the Central Vista Redevelopment project, is also pending before the high court.
In response to the petition by the caretakers of the mosque, the Centre has said the mosque has to be removed as establishment of a permanent religious structure within the confines of a government office complex is impermissible and incompatible with the "secular" character of government property.
