The Delhi High Court on Monday dismissed a petition challenging the installation of a statue of Rani Jhansi at the Shahi Idgah Park in the Sadar Bazar area of the national capital. The petition was filed by the Shahi Idgah Managing Committee, which argued that the entire property within the Idgah’s walls, including the park, belonged to the Shahi Idgah [Shahi Idgah Managing Committee vs. Delhi Development Authority & Ors].
Previously, the court had issued an order directing the Delhi Development Authority (DDA) to maintain the park but halt the statue’s installation, pending resolution of the petition. However, in the final judgment, Justice Dharmesh Sharma rejected the committee’s claim, stating that the surrounding park and open ground do not fall under the property of the Shahi Idgah.
The court referred to an affidavit submitted by the Delhi Waqf Board (DWB), which contradicted the petitioner’s claims. The 1970 notification and the Jamabandi records of 1973-1974 clearly demarcated the Idgah’s boundaries, showing that the park area in question belonged to the DDA, not the Idgah. A joint inspection conducted by the DDA, Municipal Corporation of Delhi (MCD), and the DWB further confirmed that the park and open ground within the Idgah walls were under DDA’s jurisdiction.
Justice Sharma reiterated an earlier court decision that the land in question has always been maintained by DDA’s Horticultural Division-II, confirming that the responsibility for the park rests with DDA. The court also held that the petitioner’s right to perform religious activities at the Idgah was not affected by the installation of the statue, and therefore, the committee had no legal grounds to oppose the DDA’s maintenance or the MCD’s installation of the statue.
As a result, the court ruled that the petition lacked merit and dismissed it. Senior Advocate Viraj R. Datar, along with a team of advocates, represented the Shahi Idgah Managing Committee. The DDA was represented by Standing Counsel Shobhna Takiar, and the MCD by advocates Abhinav Sharma and Mahender Shukla. Delhi Police was represented by Central Government Standing Counsel Kirtiman Singh and his team, while the Delhi Waqf Board was represented by Senior Advocate Sanjay Ghose and other legal representatives.
