The Saket courtroom in Delhi on Tuesday reserved the order on an Intervention Application (IA) moved by Kunwar Mahender Dhwaj Pratap Singh, who claimed possession rights over Qutub Minar land, whereas listening to an enchantment that sought worship rights for Hindus and Jains contained in the Qutub Minar advanced.
In the matter, by means of IA, Dhwaj Pratap Singh had claimed to be an inheritor of the United Provinces of Agra and stated the property of Qutub Minar belongs to him due to this fact the minaret together with the Quwwat-ul-Islam mosque must be given to him.
On Tuesday, the intervenor submitted that the federal government after 1947 encroached on his property and he has Privy Council information.
Appearing for the Hindu aspect, advocate Amita Sachdeva submitted that the intervenor is claiming property rights after 102 years. He will not be fascinated with any form of reduction from the courtroom. This petition is nothing greater than a publicity stunt and must be dismissed with heavy prices.
Archaeological Survey of India (ASI) in its recent affidavit already submitted that the applicant claims his proper over the talked about cities in and round Delhi has not been raised since independence i.e. 1947 earlier than any Court of Law as surmised from the submissions by the applicant.
Moreover, the applicant’s declare of possession and proper of prevention of interference in his property has lapsed by the precept of the case for delay and laches, because the time interval to file a restoration/possession/injunction towards the identical, be it of three years or 12 years has already expired by many a long time, acknowledged ASI.
During the time of declaring the property in query as a Protected Monument in 1913, the whole process was adopted and nobody got here earlier than the authorities to object, and therefore counting the interval from 1913 to 2022, the interval of limitation has already lapsed many occasions over, acknowledged ASI within the affidavit.
Additional District Judge Dinesh Kumar on Tuesday stored the order reserved on the IA moved by Kunwar Dhwaj and glued the date September 17, 2022, for pronouncement of order on this regard.
Earlier the Court had clearly stated that it’s going to hear/resolve the recent IA first earlier than continuing with additional arguments within the enchantment.
The primary appellant within the matter had claimed that the Quwwat-ul-Islam mosque, which is located Qutub Minar advanced, was constructed after destroying 27 temples.
Appeal go well with alleging that the Quwwat-Ul-Islam Masjid located inside the Qutub Minar advanced in Mehrauli was constructed instead of a temple advanced.
Advocate Vishnu Jain showing for the petitioner (Appellant) apprised the courtroom that Quwwat-Ul-Islam Masjid located inside the Qutub Minar advanced in Mehrauli was constructed instead of a temple advanced. Mr Jain reads Section 16 of the AMASR Act 1958, “A protected monument maintained by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.”
Earlier Archaeological Survey of India opposed the enchantment and stated Qutub Minar is a monument, nobody can declare a elementary proper over such a construction. As per the Ancient Monuments Act, the Qutub Minar Complex is a monument and no proper to worship will be granted at this place.
There isn’t any provision underneath AMASR Act 1958 underneath which worship will be began at any dwelling monument. High courtroom of Delhi has clearly talked about in its order dated 27/01/1999, acknowledged ASI
The go well with was filed on behalf of Jain deity Tirthankar Lord Rishabh Dev and Hindu deity Lord Vishnu (by means of their subsequent of associates), looking for restoration of the alleged temple advanced, comprising as many as 27 temples.
“The suit was filed to preserve and protect the religious and cultural heritage of India and to exercise the right to religion guaranteed by Article 25 and 26 of the Constitution of India by restoring 27 Hindu and Jain temples with respective deities which were dismantled, desecrated and damaged under the command and orders of Qutub-Din-Aibak, a commander of invader Mohammad Ghori, who established slave dynasty and raised some construction at the same very place of temples naming it as, Quwwat-Ul-Islam Mosque,” the go well with stated.
The plea claimed that in keeping with the Archaeological Survey of India (ASI) 27 Hindu and Jain temples had been demolished and Quwwat-ul-Islam Mosque was raised contained in the advanced reusing the supplies and looking for to “restore” the demolished temples.
The go well with sought to declare that Lord Vishnu, Lord Shiva, Lord Ganesh, Lord Sun, Goddess Gauri, Lord Hanuman, Jain deity Tirthankar Lord Rishab Dev have the appropriate to be “restored” inside the temple advanced on the web site of Quwwatul Mosque Complex, Mehrauli, south-west Delhi “after rebuilding it with the same honour and dignity”.
It additionally sought to concern an injunction directing the Central authorities to create a belief, in keeping with the Trust Act 1882, and hand over the administration and administration of the temple advanced located inside the space of Qutub Complex in Mehrauli after framing a scheme of the administration to such belief.
“Pass a decree in the nature of a permanent injunction, restraining the defendants permanently from interfering in making necessary repair works, raising construction and making arrangement for the pooja, darshan and worship of deities in accordance with Sections 16 and 19 of ‘The Ancient Monuments and Archaeological Sites and Remains Act, 1958’ by a trust, to be created by the Central government within the area,” the go well with stated.
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