Maharani of Jhansi to sit in Shahi Idgah park, as Delhi HC rules DDA is custodian

The Delhi High Court has dismissed a petition seeking to restrain the civic authorities from installing a statue of the Maharani of Jhansi inside the Shahi Idgah Park at Sadar Bazar, saying the plea appeared to be without any cause of action.

The high court said the petitioner — the Shahi Idgah (Waqf) Managing Committee — has no legal or fundamental right to oppose the maintenance and upkeep by the DDA (Delhi Development Authority) of the parks or open ground surrounding the Shahi Idgah or to thereby oppose the installation of the statue by the MCD (Municipal Corporation of Delhi) at its behest.

"Even assuming for the sake of convenience that the petitioner/committee has locus standi to prefer the instant writ petition, this court does not see as to how their right to offer prayers or to perform any religious rights is 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," Justice Dharmesh Sharma said.

The court rejected the plea seeking direction to the civic authorities to not encroach upon the Shahi Idgah, claimed 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 the vast property could accommodate as many as 50,000 namazis at one time.

The court in turn referred to an order passed by a coordinate bench of the high court and said the decision has also clarified that the parks or open ground surrounding the Shahi Idgah are the property of the DDA and have been maintained by the Horticultural Division-II of the DDA, which is responsible for ensuring that the site is used by public visitors for recreational purposes.

"Furthermore, even the Delhi Waqf Board (DWB) does not authorise the use of the park for any purpose other than religious activities. The bottom line is that, since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of DDA, it is solely the DDA's responsibility to allocate portions of the said land for public use as it deems fit," it said.