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New Indian Express
02-05-2025
- Politics
- New Indian Express
HC directs DDA to halt action against Shahi Idgah over religious gathering in park
NEW DELHI: The HC on Thursday directed the Delhi Development Authority (DDA) not to initiate any action against the Shahi Idgah in Sadar Bazar for holding a religious gathering in the adjacent park in December 2024. Justice Vikas Mahajan issued notice to the DDA on a petition moved by the Shahi Idgah Managing Committee and sought the authority's response. 'Renotify on September 10. In the meantime, having regard to the fact that the Waqf tribunal is non-functional, where the petitioner has instituted a suit, it is directed that the DDA shall not take any action pursuant to its notice dated February 11, 2025,' the Court said. The petitioner's counsel said DDA's notice of February 11 demanded Rs 12 lakh for using the park surrounding the Idgah for holding Ijtema(religious congregation)last year. The counsel said the park was part of the Idgah premises and DDA had no claim over it, and a suit was filed before the waqf tribunal against the authority's claim over it. However, as the tribunal was non-functional due to a lack of quorum, it was urged that the DDA should refrain from taking any steps in the interim. In response, the DDA's counsel argued that a single judge of the High Court had already held the park to be DDA property while adjudicating on a previous plea by the petitioner seeking to install a statue of Maharani Lakshmi Bai at the same site. DDA claimed the religious function was held in its park without prior approval.
Hindustan Times
01-05-2025
- Politics
- Hindustan Times
Delhi HC restrains DDA from taking coercive action against Idgah committee
New Delhi The Delhi high court on Thursday restrained the Delhi Development Authority (DDA) from taking coercive action against the Shahi Idgah Management Committee, which is facing a recovery notice from the administrative body following its annual Ijtema congregation at the Eidgah Park near Delhi's Sadar Bazar. On February 11, DDA issued a notice to the committee, seeking ₹12 lakh as booking charges for the religious function organised in December 2024, on the grounds that the parkland belonged to DDA. Justice Vikas Mahajan, however, said DDA must not take coercive action until further orders, after the committee's counsel, Sanjoy Ghose, submitted that it filed a suit with the Delhi Waqf Tribunal, claiming that the park was on the Idgah land and seeking demarcation of the land where the Shahi Eidgah was situated. Ghose said the matter could not be heard due to lack of quorum and non-constitution of the tribunal and therefore, the committee had been rendered remediless. 'The problem is that the tribunal is not functional. Till that time, he (committee) has no remedy. It is a government land, but he is not encroaching upon it. It is a religious function, the recovery can come later on,' justice Mahajan said to DDA's lawyer. 'Having regard to the fact that the Waqf Tribunal is not functional, it is directed that the DDA shall not take any coercive action pursuant to notice dated 11/2,' the court said in its order. The bench also issued a notice in the Shahi Idgah Management Committee's petition against the February 11 notice and fixed September 10 as the next date of hearing. In its petition, the committee had asserted that the park was part of the Idgah premises and DDA had no claim over it. However, DDA's counsel submitted that a single judge, while previously dealing with the committee's petition against the installation of Maharani Lakshmi Bai's statute on September 23, 2024, had given a finding that the park was DDA's property. The counsel argued the religious function had been held on DDA land without prior approval. The committee had appealed against the single judge's decision before the division bench, but was not granted relief, the DDA counsel told the court. Ghose, however, contended that the single judge had no power to rule on the issue of title of the park and the division bench had left open all contentions of the parties.
Time of India
01-05-2025
- Politics
- Time of India
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. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi "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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Complete protection with iPru All-in-one Term Plan ICICI Pru Life Insurance Plan Get Quote Undo 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.
Indian Express
01-05-2025
- Politics
- Indian Express
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%.
Hindustan Times
01-05-2025
- Politics
- Hindustan Times
Don't against Shahi Idgah over use of park: Delhi HC to DDA
New Delhi, The Delhi High Court on Thursday asked the Delhi Development Authority not to take action against Shahi Idgah in the capital's Sadar Bazar area for using the park for a religious event last year. Justice Vikas Mahajan issued notice to the DDA on a petition filed by the Shahi Idgah Managing Committee and asked the authority for a response. "Renotify on September 10. In the meantime, having regard to the fact that the waqf tribunal is non-functional, where the petitioner has instituted a suit, it is directed that the DDA shall not take any action pursuant to its notice dated February 11, 2025," the court said. The petitioner's counsel said DDA's notice of February 11 demanded ₹12 lakh for using the park surrounding the Idgah for holding Ijtema, a religious evet, in December, 2024. The counsel said the park was part of the Idgah premises and DDA had no claim over it, and a suit was filed before the waqf tribunal against the authority's claim over it. However, since the tribunal was non-functional due to lack of quorum, DDA should hold its hand, he said. The DDA counsel said a single judge of the high court 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. DDA claimed the religious function was held in its park without prior approval. The petitioner's counsel said the single judge had no power to rule on the issue of title of the park and the division bench had left open all contentions of the parties.
