HC tells DDA not to act against Shahi Idgah over park use
New Delhi:
Delhi High Court
on Thursday asked
Delhi Development Authority
not to take any action against the
Shahi Idgah
in the capital's
Sadar Bazar
area for using the adjoining park for a religious event last year.
Justice Vikas Mahajan also issued a notice to DDA on a petition filed by the Shahi Idgah managing committee and asked the authority for a response.
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"Renotify on Sept 10. In the meantime, having regard to the fact that the waqf tribunal is non-functional, where the petitioner instituted a suit, it is directed that DDA shall not take any action pursuant to its notice dated Feb 11, 2025," the court directed after hearing submissions from the parties.
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During the hearing, the petitioner's counsel said DDA's notice of Feb 11 demanded Rs 12 lakh for using the park surrounding the Idgah for holding
Ijtema
in Dec 2024. However, the counsel maintained that the park was part of the Idgah premises and DDA had no claim over it.
He further highlighted that the committee already filed a suit before the waqf tribunal against the land-owning authority's claim over it, but since the tribunal was non-functional due to a lack of enough members, DDA should hold its hand till the tribunal forms an opinion.
Opposing the plea, the counsel for DDA said a single judge of the high court already gave a finding on the park being DDA's property while dealing with the petitioner's plea for installing a Maharani Lakshmi Bai statue there. The lawyer said the single judge's decision was appealed against by the petitioner before a division bench, which did not intervene, finalising the authority of DDA over the park.
The civic agency claimed the religious function was held in its park without prior approval and demanded costs. On his part, the petitioner's counsel said the single judge had no power to rule on the issue of the title of the park, and the division bench left open all contentions of the parties.
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