Delhi High Court stays eviction of century-old Waqf graveyard

The Delhi High Court on Friday stayed the process of evicting a century-old Waqf-notified graveyard located in the Civil Lines area. According to a report by The Indian Express, the court has directed the government to maintain status quo on the premises. The next hearing in this matter will take place on March 11, 2027, until which the government cannot take any action.

The dispute began with an eviction notice issued on October 22. The notice claimed that this 17-acre plot is the property of the Central Government and is managed by the Land and Development Office. The graveyard management opposed this notice.

Located between Ludlow Castle Road and Under Hill Road, the site houses a mazar, a mosque, and a madrasa. This graveyard, named Kabristan Bagh Sher Jung, is managed by a charitable society called Anjuman Vakil-e-Kam Punjabian. According to reports, this society has existed since before 1910.

On October 22, the Land and Development Office issued notices to four alleged encroachers residing within the graveyard premises, asking them to vacate the space within 15 days. The notice warned that if they did not comply with the rules, possession would be taken forcibly. Notably, in a civil suit filed by the graveyard management in 2018, these four individuals were declared encroachers on a part of the graveyard land. Nevertheless, the graveyard management has rejected the claim made in the October notice that the entire 17-acre plot belongs to the government.

This ownership dispute is decades old. In 1970, this graveyard was notified as Waqf property. A year later, the Central Government filed a civil suit claiming ownership of the land. The government argued that during the development of the city between 1911 and 1915, it had acquired several properties in Delhi, including the graveyard.

However, in 1985, the district court ruled that the Central Government had failed to prove ownership as it had not completed the necessary acquisition process. According to the graveyard management, this verdict was never challenged.

This eviction notice comes amidst a wider demolition or eviction drive underway in Lutyens' Delhi. According to The Indian Express, residents of the heritage structure Race Course Mosque and surrounding slums near Prime Minister Narendra Modi's official residence have also faced demolition. The government has also taken possession of the Delhi Race Club and Jaipur Polo Ground. On October 29, the demolition of the heritage mosque near the Prime Minister's residence was stayed for four weeks, as authorities informed the Delhi High Court that they would not take any harsh action during that period.

The Land and Development Office operates under the Union Ministry of Housing and Urban Affairs and is specifically responsible for the management of government-owned and leasehold properties in Delhi.

Waqf is an endowment under Islamic law dedicated to religious, educational, or charitable purposes. Every state has a Waqf Board, which has the legal authority to acquire, hold, and transfer property.