Earlier, a single judge had refused to stop the installation of Maharani Lakshmi Bai’s statue at the park. The committee then appealed against this decision
New Delhi: Today, 28th Feb: The Delhi High Court dismissed a petition seeking clarification on its earlier order related to the installation of Maharani Lakshmi Bai’s statue at Shahi Idgah Park in Delhi’s Sadar Bazar. The court stated that there was no need for any clarification regarding its previous decision.
A division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela ruled that its October 7, 2024, order was clear and needed no further interpretation.
The court stated, “Our order does not require any clarification. You are asking us to interpret our order. Take recourse to appropriate legal remedy challenging the notice.”
The Shahi Idgah Managing Committee had approached the High Court, arguing that the single judge’s order contained only tentative observations and was limited to the issue at hand.
The committee wanted assurance that the decision would not transfer the ownership of the Waqf property to the Delhi Development Authority (DDA) in violation of the Waqf Act.
Earlier, a single judge had refused to stop the installation of Maharani Lakshmi Bai’s statue at the park. The committee then appealed against this decision. However, the division bench disposed of the appeal, noting that the statue had already been installed by the Municipal Corporation of Delhi (MCD) and that the rights of people offering prayers at the site were not affected by the installation.
The Bench noted:
“The counsel for DDA and MCD state that the appeal has become infructuous as the statue of Maharani Lakshmi Bai has been installed at one corner of the Idgah Park, owned by DDA, and that too after construction of a boundary wall. They clarified that the right of the appellant to offer prayers and perform prayers is not endangered in any manner by the installation of the statue or the boundary wall,”
The Shahi Idgah Committee also informed the court that the DDA was demanding user charges from them for holding the annual religious gathering, “Ijtema,” at the park.
On Friday, the High Court ruled that if the committee had any objections, they could challenge the DDA’s notice through legal means.
The bench stated, “In case the applicant challenged the DDA notice, all its grounds would be available under the law.”
The committee referred to a 1970 Gazette notification, which stated that Shahi Idgah Park was an ancient Mughal-era property used for offering namaz. They claimed that the property was vast enough to accommodate 50,000 worshippers at one time.
Despite this, the single judge ruled that the committee had no legal or fundamental right to oppose maintenance and upkeep of the open grounds surrounding the Idgah. The court also held that the committee could not challenge the MCD’s installation of the statue.
The ruling has clarified that the installation of the Maharani Lakshmi Bai statue at Shahi Idgah Park does not interfere with the religious practices of worshippers, and legal recourse is available if the committee wishes to challenge the DDA’s notice regarding user charges.
