Delhi High Court Dismisses Plea Against Installation Of 'Jhansi Rani' Statue Inside Shahi Idgah Park

The Delhi High Court yesterday dismissed a petition against the installation of the statue of “Maharani of Jhansi” inside the Shahi Idgah Park situated at city's Sadar Bazar area.

Justice Dharmesh Sharma rejected the petition moved by Shahi Idgah Managing Committee seeking directions on the civic authorities to not encroach upon the Shahi Idgah, claiming it to be a waqf property.

The Committee referred to a gazette notification published in 1970 which said that the Shahi Idgah Park is an ancient property built during the Mughal period, which is being used for offering Namaz. It was submitted that such a vast property could accommodate as many as 50,000 namazis at one time.

Rejecting the plea, the court observed that the surrounding area inside the Idgah boundary, which are the parks or open ground, belonged to the Delhi Development Authority (DDA).

Noting that even the Delhi Waqf Board does not authorize the use of the park for any purpose other than religious activities, the court said:

“The bottom line is that, since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of respondent No.1/DDA, it is solely the DDA's responsibility to allocate portions of the said land for public use as it deems fit.”

The court further said that even assuming that the petitioner Committee had the locus-standi to prefer the petition, it was not understandable as to how their right to offer prayers or to perform any religious rights was being endangered in any manner.

“It goes without saying that the status quo order passed by the Delhi Minority Commission was palpably without any jurisdiction,” the court said.

It added: “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.”

Title: SHAHI IDGAH MANAGING COMMITTEE v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2024 LiveLaw (Del) 1050

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