SC junks Delhi Waqf Board's plea claiming rights on property

The Supreme Court on Wednesday dismissed a plea by the Delhi Waqf Board which claimed that a property in Shahdara area in the capital was a "waqf property" and said a Gurudwara was functioning there since long.

"There is a Gurudwara, let it be. Even if there is any claim, you should relinquish that claim saying a Gurudwara is already there," a bench of Justices Sanjay Karol and Satish Chandra Sharma told the counsel appearing for the Delhi Waqf Board.

The apex court was hearing the board's plea challenging a September 2010 order of the Delhi High Court, which dismissed its suit for possession of the property.


The suit alleged that the property in question was a waqf property, being used as a waqf since time immemorial.

The apex court, however, said, "There is a Gurudwara functioning out there."

The waqf board counsel referred to the findings of the trial judge in the matter and said a mosque existed there.

He said one of the witness of the defendant himself admitted that there was a mosque and "some kind of a Gurudwara" was made there but it was not registered.

"Not some kind of a Gurudwara, it is a fully functional Gurudwara," the bench said.

Dismissing the plea, the top court referred to the high court's order observing one of the witnesses admitted that the Gurudwara was functioning in the property since 1947.