Delhi HC nixes plea against installation of Rani Lakshmibai’s statue in Shahi Idgah park

New Delhi: The Delhi High Court has dismissed a plea filed by Shahi Idgah’s Managing Committee challenging the installation of a statue of Lakshmibai, the queen of Jhansi, in one of the parks surrounding the idgah in the national Capital's Sadar Bazar area.

A Bench of Justice Dharmesh Sharma took note of the submission of the Delhi Waqf Board that the park surrounding the idgah’s boundary belongs to the government and the Delhi Development Authority (DDA) has been maintaining it since long.

The Justice Sharma-led Bench rejected the petitioner-committee's contention that the Waqf Board had only permitted the DDA’s horticulture department to beautify and remove illegal occupation from the open land surrounding the idgah, but the land itself was never transferred to the DDA in any manner.

It said, “The Shahi Idgah is falling in Khasra No. 11 measuring 31,601 Square Yards, which is supported by the Jamabandi records for the year 1973-1974; and therefore, the plea of the petitioner/Committee that the entire property falling within the idgah’s walls is the property of the Shahi Idgah, cannot be sustained on facts as well as in law.”

The High Court held that the surrounding areas inside the Idgah boundary, which are the parks or open grounds, belong to the DDA.

“The bottom line is that, since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of the DDA, it is solely the DDA's responsibility to allocate portions of the said land for public use as it deems fit,” it ruled further.

In its petition, Shahi Idgah (Waqf) Managing Committee sought directions to respondent authorities to not encroach upon the Waqf property and to restrain DDA and MCD from installing any statue inside the Idgah Park.

It referred to the notification published in the Delhi Gazette in April 1970 where the Idgah park and mosque is stated to be an ancient property built during the Mughal period, which is being used for offering prayers and could accommodate as many as 50,000 people at one time.

In December 2021, the Delhi Minority Commission had passed a status quo order, after concerns were raised that installation of the statute in Shahi Idgah Park might adversely affect public sentiments and create a law and order situation.

The petitioner committee approached the Delhi HC for status quo order due to vacancy in the Delhi Minority Commission, as the tenure of the previous incumbent has expired.

Taking a dim view of the Delhi Minority Commission’s order, the High Court said that the status quo order “was palpably without any jurisdiction” and questioned how the management committee’s right to offer prayers or to perform any religious rites was being endangered in any manner by the proposed installation of the statue.

“The petitioner (committee) has no legal or Fundamental Right to oppose the maintenance and upkeep of the parks/open ground surrounding the Shahi Idgah, by the DDA and thereby oppose the installation of the statue,” it added, dismissing the plea of Shahi Idgah (Waqf) Managing Committee.