New Delhi, The Delhi High Court on Friday dismissed a plea for clarification in its order that disposed of an appeal over the installation of Maharani Lakshmi Bai’s statue at the Shahi Idgah Park in Delhi’s Sadar Bazar.
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said the orders of the court were to be understood in the context in which they were passed and its October 7, 2024 order did not require any clarification.
“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 bench told the counsel for Shahi Idgah Managing Committee.
The committee sought the clarification on the order of the high court single judge, whose observations, it said were tentative and confined only for the purpose of resolving the issue in controversy and would not amount to transfer of title of Waqf property to the Delhi Development Authority dehors the provisions of the Waqf Act.
The division bench had disposed of an appeal of the committee against the single judge’s order refusing to restrain the installation of the statue of the freedom fighter.
It was informed that the statue was already installed by the MCD and the rights of those offering prayers at the site were not breached by the installation of the statute.
The committee’s application said the DDA was demanding user charges from the appellant for holding the annual religious congregation, “Ijtema”, at the Idgah Park.
On Friday, the bench said in case the applicant challenged the DDA notice, all its grounds would be available under the law.
The single judge rejected the committee plea for directions to the civic authorities to not encroach the Shahi Idgah, claiming it to be a Waqf property.
The committee referred to a gazette notification published in 1970 which said the Shahi Idgah Park was an ancient property built during the Mughal period, which is being used for offering namaz.
It was submitted that such a vast property could accommodate as many as 50,000 namazis at one time.
The single judge said the committee had no legal or fundamental right to oppose the maintenance and upkeep of the parks or open ground, surrounding the Shahi Idgah, by the DDA or oppose the installation of the statue by the MCD.
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