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Synopsis

The Delhi High Court on Monday remarked, "This petition lacks cause of action," while dismissing a plea that sought to restrain the installation of a statue of the 'Maharani of Jhansi' inside Shahi Idgah Park, located in Sadar Bazar.

The case arose from a writ petition filed by the Shahi Idgah (Waqf) Managing Committee, seeking directions to prevent civic bodies, namely the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD), from encroaching upon the Shahi Idgah and the surrounding parks and open grounds, claiming that these areas are part of Waqf property.

The bench, comprising Justice Dharmesh Sharma, rejected the committee's claim that the entire property belongs to the Shahi Idgah, and said,'' According to the short affidavit from the Delhi Waqf Board (DWB) It is acknowledged by the respondent No.4/DWB that the rest of the area i.e., the park surrounding the Idgah‟s boundary belongs to the Government i.e. respondent No.1/DDA, which has been maintaining it since very long."

Referring to the areas surrounding Idgah, the court highlighted that surrounding spaces are under the jurisdiction of (DDA), noting that they have been maintained by the Horticultural Division-II of the DDA. "It is solely the DDA's responsibility to allocate portions of the land for public use as it deems fit", the court said.

On the other hand, the committee referred to a notification published in the Delhi Gazette on April 16, 1970, which said that the Shahi Idgah is an ancient property from the Mughal period. The open ground surrounding the Idgah is used for offering Namaz and can accommodate around 50,000 namazis at once.

However, the court emphasized that even the Delhi Waqf Board (DWB) does not authorize the use of the park for any purpose other than religious activities.

The court also questioned the committee's locus standi for filing the present writ petition, and said, "This Court does not see how their right to offer prayers or perform any religious rites is being endangered by the installation."

The court acknowledged the main issue of installing the Maharani statue and the potential law-and-order situation. However, it stated that the MCD Standing Committee had already decided to relocate the statue.

"The petitioner has no legal or fundamental right to oppose the maintenance and upkeep of the parks/open grounds. Surrounding the Shahi Idgah, by respondent No.1/DDA and thereby oppose the installation of the statue by respondent no.2/MCDat its behest", the court added.

For Petitioners: Senior Advocate Viraj R. Datar with Advocates Imran Ahmed, Sajid Ahmed, Haji Mohd. Iqbal, Shuaib Ahmed Khan, Mohd. Shad, Shrikant Singh and Shammi Alam Khan
For DDA: Standing Cunsel Shobhna Takiar with Advocate Kuljeet Singh
For MCD: Standing Counsel Manu Chaturvedi with Advocate Devika Singh Roy
For DWB: Advocates Tushar Shannu and Utkarsh Mishra

Case Title: Shahi Idgah (Waqf) Managing Committee v DDA and ors (2024:DHC:7324)