No coercive action against Shahi Idgah committee: Delhi High Court to DDA
The Delhi High Court on Thursday directed the Delhi Development Authority (DDA) not to take coercive action against the Shahi Idgah Managing Committee in relation to a showcause notice issued by the authority. In the notice, the DDA demanded recovery of Rs 12.09 lakh as charges for the use of Idgah Park during the annual Ijtema held in December 2024.
The relief for the Shahi Idgah Managing Committee came after senior advocate Sanjoy Ghose, appearing for the body, informed the court that a suit is pending before the Waqf Tribunal seeking declaration, demarcation and permanent injunction in respect of the subject Waqf property, including the park adjoining the mosque in Sadar Bazar.
Ghose, however, pointed out that while the suit was last taken up by the Tribunal on April 7 last year, it had expressed its inability to adjudicate the matter because the Waqf Tribunal is not constituted and consequently lacked a quorum to adjudicate the matter.
The Tribunal, at the time, posted the matter next for July 24 this year.
Justice Vikas Mahajan on Thursday, taking into account the fact that the Waqf Tribunal is non-functional at the moment, directed the DDA that it 'shall not take any coercive action' in relation to the showcause notice it has issued on February 11.
The court also issued notice to the DDA, seeking its response to the contentions being raised in the petition. It posted the matter next for September 10.
In the petition moved by the managing committee, it has been contended that they have been in 'continuous, peaceful and undisturbed possession and management of the Shahi Idgah and the adjoining land, including Idgah Park, which has been used for religious purposes, including the offering of prayers (Namaz), annual religious congregations (Ijtema), and other community functions, since the Mughal period'.
It has also been highlighted that the entire parcel of land, including the Shahi Idgah and Idgah Park, was notified as Waqf property by the Delhi Waqf Board in a gazette on April 16, 1970.
The DDA has claimed that it is its park. The managing committee claimed the park is only maintained by DDA, in cooperation with the managing committee of Shahi Idgah, and its maintenance and beautification by DDA does not confer any ownership rights.
According to the petitioner, DDA, 'in an arbitrary and unlawful manner,' is now claiming ownership over parts of the said Waqf property, specifically the Idgah Park on the basis of 'an erroneous interpretation' of an HC judgment of September 23, 2024, that recorded that DDA is in possession of the park.
The petitioner has contended that relying on this erroneous interpretation, the DDA has issued a showcause notice for usage of the park during Itjema procession from December 6-8, 2024, and has demanded a charge of Rs 12,09,272 which includes booking charge of Rs 9.77 lakh, cleaning charge of Rs 1.75 lakh and GST at 18%.
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