New Delhi, June 4 – The Supreme Court on Wednesday dismissed the appeal filed by the Delhi Waqf Board challenging a Delhi High Court verdict that rejected its claim over a property currently being used as a Gurdwara in Shahdara.
A Division Bench comprising Justice Sanjay Karol and Justice Satish Chandra Sharma upheld the High Court’s 2010 judgment, effectively bringing an end to the long-standing dispute.
The Waqf Board had contended that the property in question housed “Masjid Takia Babbar Shah”, allegedly a mosque of historical origin dedicated to Islamic religious use. However, it was asserted by the defendants that the property was sold to them by one Mohd Ahsaan in 1953, and has been under their possession since at least 1947–48.
Senior Advocate Sanjoy Ghose, appearing for the Board, argued that the courts below had acknowledged the presence of a mosque, though it had now been replaced by what he termed “some kind of gurdwara.”
“Not some kind of. A proper functioning gurdwara. Once there is a gurdwara, let it be. A religious structure is already functioning there. You should yourself relinquish that claim you see,” – Justice Satish Chandra Sharma Responded.
The Supreme Court observed that the Waqf Board should have withdrawn its claim voluntarily in light of the facts on record. The High Court, in its earlier ruling, had emphasized that while the defendant could not produce a clear title deed, the onus to prove ownership rested with the Waqf Board.
With this decision, the apex court has affirmed the defendant’s possession and cleared the way for the Gurdwara to continue its religious activities without legal ambiguity.