Delhi HC Shields Century-Old Waqf Graveyard After Centre’s Ownership Claim

The Delhi High Court has directed Centre to maintain status quo over the century old Waqf-notified graveyard in Civil Lines after the Land and Development Office (L&DO) claimed the 17-acre site belonged to the Union government.

Justice Amit Mahajan passed the interim order on November 6 while hearing a petition by the management of Qabristan Bagh Sher Jung. The court directed the Centre and the Delhi Waqf Board to file their responses and scheduled the next hearing for March 11, 2027. The Indian Express reported that the status quo must be maintained in the meantime.

The graveyard lies between Ludlow Castle Road and Under Hill Road. It is managed by Anjuman Wakil-I-Quam Punjabian, a charitable society that has existed since before 1910. The site includes old graves, shrines, a mosque and a madrasa, according to the report.

The dispute escalated after the L&DO issued an eviction notice on October 22 to four people it identified as encroachers on part of the land. The notice gave them 15 days to vacate or face forcible eviction. The four had been identified as encroachers in a civil case filed in 2018.

The notice also asserted that the entire graveyard belonged to the Government of India and was managed by the L&DO, which functions under the Union housing and urban affairs ministry. The graveyard’s management has challenged that claim in the High Court.

The petition says the property was notified as Waqf land in 1970. A year later, the Centre filed a civil suit claiming ownership, arguing it had acquired several properties in Delhi between 1911 and 1915 during the development of the new capital.

The society says a district court rejected the Centre’s claim in 1985, holding that the required legal process for acquiring the land had not been completed. It argues that the judgment was never challenged and remains in force.

The management has asked the High Court to restrain the housing and urban affairs ministry and the L&DO from taking possession of the graveyard or asserting ownership over it.

Separately, the society has filed a case seeking implementation of a 2018 court order to remove the four people from the disputed portion of the property. That matter is pending, The Indian Express reported.

The petition says the graveyard has served Delhi’s Punjabi Muslim community for centuries and retains historical, religious and cultural importance.