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HC tells DDA not to act against Shahi Idgah over park use
HC tells DDA not to act against Shahi Idgah over park use

Time of India

time01-05-2025

  • 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.

No coercive action against Shahi Idgah committee: Delhi High Court to DDA
No coercive action against Shahi Idgah committee: Delhi High Court to DDA

Indian Express

time01-05-2025

  • 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%.

No error in Allahabad HC order impleading Centre and ASI in Shahi Idgah mosque case, says SC
No error in Allahabad HC order impleading Centre and ASI in Shahi Idgah mosque case, says SC

New Indian Express

time28-04-2025

  • Politics
  • New Indian Express

No error in Allahabad HC order impleading Centre and ASI in Shahi Idgah mosque case, says SC

The Supreme Court on Monday said that the order passed by the Allahabad High Court in the Shahi Idgah case, allowing the Hindu side's plea to amend their plaint and add the Archeological Survey of India (ASI) as a party, is prima facie correct. The high court on March 5 allowed an amendment application filed by the Hindu side (plaintiffs) permitting them to incorporate new facts into the suit and add the Union of India and ASI as defendants. Challenging this HC order, the Muslim side had moved the top court and sought quashing of it. The Muslim side, in the top court, opposed the Hindu parties' application to amend the suit. They said it was a way to get around their defence, which was based on the Places of Worship Act. During the course of the hearing, the two-judge bench of the top court, led by Chief Justice of India (CJI) Sanjiv Khanna and including Justice PV Sanjay Kumar, refused to entertain the appeal of the Muslim side. "The Committee of Management of the Shahi Idgah mosque is absolutely wrong in their plea that the Allahabad High Court's decision to allow the Hindu plaintiffs to do so was wrong," the court said. This order of the top court necessarily means that the Hindu plaintiffs have to be allowed to implead the ASI and the Union in the main suits filed on behalf of the deity. The apex court on Monday granted time to the Muslim side to file their reply and deferred the hearing to April 8. The complex is located adjacent to the Krishna Janmabhoomi temple, a site of significant religious importance for Hindus. The Hindu litigants claimed the premises hold signs suggesting that a temple once existed at the site. The mosque committee, in its appeal filed in the apex court, said the lawsuits filed by Hindu litigants over the dispute violated the Places of Worship (Special Provisions) Act, and were therefore not maintainable. It is to be noted that Allahabad High Court judge Justice Mayank Jain had on August 1, dismissed the plea filed by the Shahi Idgah Masjid Committee challenging the maintainability of the suits filed by the Hindu parties seeking restoration of the Lord Krishna temple at the location where the mosque exists. The Hindu parties claimed in the HC that Sri Krishna's birthplace lies beneath the mosque and that there were many signs which established that the mosque was indeed a Hindu temple. On the other hand, the UP Sunni Central Waqf Board sought dismissal of the plea filed by the Hindu side. It argued in the HC that the suits of the Hindu side were barred under the Places of Worship (Special Provisions) Act, 1991 ('Places of Worship Act') that prohibited changing the status of any place of worship from what it was on the day of the country's Independence.

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