The Delhi High Court on Monday rejected a plea contesting the installation of Maharani Jhansi's statue at Shahi Idgah Park in the Sadar Bazar area of the national capital.
Previously, the Court had issued an order instructing the Delhi Development Authority (DDA) to continue maintaining the park without proceeding with the statue's installation. This directive came in response to a petition filed by the Managing Committee of Shahi Idgah.
However, in the final ruling delivered on Monday, Justice Dharmesh Sharma dismissed the committee's claim that the entire area within the Idgah’s boundaries belonged to Shahi Idgah. The Court also considered the affidavit submitted by the Delhi Waqf Board (DWB) in reaching its decision.
"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.
"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.
Consequently, the Court held that the petition lacked any cause of action and dismissed it.
Senior Advocate Viraj R. Datar, along with advocates Imran Ahmed, Sajid Ahmed, Haji Mohd. Iqbal, and Shuaib Ahmed Khan, represented the Shahi Idgah Managing Committee.
The Delhi Development Authority (DDA) was represented by Standing Counsel Shobhna Takiar and advocate Kuljeet Singh.
Advocates Abhinav Sharma and Mahender Shukla appeared on behalf of the Municipal Corporation of Delhi (MCD).
The Delhi Police was represented by Central Government Standing Counsel Kirtiman Singh, along with advocates Waize Ali Noor and V. Pratap Singh.
The 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.
Case Title: Shahi Idgah Managing Committee vs. DDA & Ors
Website designed, developed and maintained by webexy