The Delhi High Court dismissed a petition challenging the installation of a statue of Maharani Lakshmibai, the Rani of Jhansi, at the Shahi Idgah park located in Sadar Bazar, Delhi.
The case, titled Shahi Idgah Managing Committee vs. Delhi Development Authority & Others, brought forth concerns from the Shahi Idgah Managing Committee regarding ownership of the park property and the implications of the statue’s installation.
Court’s Findings on Property Ownership
The petition by the Shahi Idgah Managing Committee asserted that the entire area within the walls of the Idgah was under their control.
However, the Court, led by Justice Dharmesh Sharma, refuted these claims, emphasizing that the surrounding park and open grounds were indeed under the jurisdiction of the Delhi Development Authority (DDA).
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In its judgment, the Court highlighted an affidavit submitted by the Delhi Waqf Board (DWB), which clarified the ownership details.
The affidavit referenced a notification dated April 16, 1970, which demarcated the Shahi Idgah as falling within Khasra No. 11, measuring 31,601 square yards.
The Court pointed to Jamabandi records from the years 1973-1974, which further supported the DWB’s position and discredited the claims made by the managing committee.
Joint Inspection and Maintenance
Justice Sharma noted the results of a joint inspection conducted by the DDA, the Municipal Corporation of Delhi (MCD), and the DWB on September 13, 2024.
This inspection confirmed that the surrounding area within the Idgah’s boundary belongs to the DDA.
The Court referred to a previous ruling that stated the parks and open grounds adjacent to the Shahi Idgah are maintained by the DDA’s Horticultural Division-II.
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The Court asserted, “Since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of the 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.”
This decision reinforced the authority of the DDA in managing and maintaining the area surrounding the Shahi Idgah.
Legal Rights and Responsibilities
The ruling further clarified that even if the Shahi Idgah Managing Committee had the legal standing to file the petition, there was no evidence presented to suggest that their rights to perform religious practices were in jeopardy due to the installation of the statue.
The Court concluded that the managing committee had no legal or fundamental grounds to oppose the DDA’s maintenance of the park or the MCD’s plans for the statue.
Consequently, the Court dismissed the petition, stating that it lacked a valid cause of action. The judgment reinforces the principle that the management of public spaces must consider the rights and responsibilities of all stakeholders involved.
Representation in Court
The Shahi Idgah Managing Committee was represented by Senior Advocate Viraj R. Datar alongside advocates Imran Ahmed, Sajid Ahmed, Haji Mohd. Iqbal, and Shuaib Ahmed Khan.
The DDA’s position was defended by Standing Counsel Shobhna Takiar with advocate Kuljeet Singh, while the MCD was represented by advocates Abhinav Sharma and Mahender Shukla.
The Delhi Police had representation from Central Government Standing Counsel Kirtiman Singh, assisted by advocates Waize Ali Noor and V Pratap Singh.
Senior Advocate Sanjay Ghose represented the DWB, accompanied by Additional Standing Counsel Firoz Iqbal Khan and advocates Rohan Mandal, Mohit Garg, and Bahist E Jahan.
