The Delhi High Court on Monday dismissed a petition challenging the installation of Maharani of Jhansi's statue at the Shahi Idgah park in national capital's Sadar Bazar area [Shahi Idgah Managing Committee vs. Delhi Development Authority & Ors].
The Court had earlier passed an order directing the DDA to continue maintaining the park but not install the proposed statue, after a petition was moved by the Managing Committee of Shahi Idgah.
In the final decision pronounced on Monday, Justice Dharmesh Sharma rejected the committee's plea that the entire property falling within the Idgah's walls was the property of the Shahi Idgah.
In this regard, it took note of the affidavit submitted by the Delhi Waqf Board (DWB)
"First things first, the assertions made by the petitioner/ Committee that the entire property including the surrounding park/open ground outside of the periphery of the Shahi Idgah also belongs to the DWB, is clearly belied from the short affidavit placed on the record by respondent No.4/DWB, in as much as the notification dated 16.04.1970, clearly demarcates that the Shahi Idgah is falling in Khasra No. 11 measuring 31601 Sq. Yards, which ais supported by the Jamabandi records for the year 1973-1974 referred to hereinabove; and therefore, the plea of the petitioner/Committee that the entire property falling within the Idgah‟s walls is the property of the Shahi Idgah, cannot be sustained on facts as well as the law," the Court said.
The Court added that a joint inspection conducted by Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD) and the DWB also revealed that the area in question belongs to DDA.
"The aforesaid position has since been substantiated on joint inspection carried out by the respondents/DDA and MCD besides members of the DWB on 13.09.2024 and there is no denying the fact that the surrounding area inside the Idgah boundary, which are the parks/ open ground, belongs to the respondent No.1/DDA."
The Bench also referred to an earlier decision of the Court in which it was clarified that the parks/open ground surrounding the Shahi Idgah are the property of DDA and have been maintained by its Horticultural Division-II.
"The bottom line is that, since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of respondent No.1/DDA, it is solely the DDA's responsibility to allocate portions of the said land for public use as it deems fit," the Court thus said.
The single-judge also stated that even if it is assumed for the sake of convenience that the committee has locus-standi to prefer the petition, the Court does not see how their right to offer prayers or to perform any religious rights was being endangered in any manner.
"That being the case, the petitioner has no legal or fundamental right to oppose the maintenance and upkeep of the parks/open ground. surrounding the Shahi Idgah, by the respondent No.1/DDA and thereby oppose the installation of the statue by respondent no.2/MCD at its behest," it added.
Accordingly, the Court held the plea was without any cause of action and dismissed it.
Shahi Idgah Managing Committee was represented by Senior Advocate Viraj R. Datar, along with advocates Imran Ahmed, Sajid Ahmed, Haji Mohd. Iqbal and Shuaib Ahmed Khan.
DDA was represented by Standing Counsel Shobhna Takiar along with advocate Kuljeet Singh.
MCD was represented by advocates Abhinav Sharma and Mahender Shukla.
Delhi Police was represented by Central Government Standing Counsel Kirtiman Singh along with advocates Waize Ali Noor and V Pratap Singh.
Delhi Waqf Board was represented by Senior Advocate Sanjay Ghose, Additional Standing Counsel Firoz Iqbal Khan and advocates Rohan Mandal, Mohit Garg and Bahist E Jahan.
[Read Judgment]