Delhi HC Junks Plea Over Installation Of Maharani Lakshmi Bai’s Statue

The Delhi High Court, on Friday, declined to entertain a plea seeking clarification of its prior order resolving an appeal regarding the installation of a statue of Maharani Lakshmi Bai at the Shahi Idgah Park in Delhi’s Sadar Bazar.

A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela reaffirmed that judicial pronouncements must be construed within the context in which they were rendered, emphasizing that its October 7, 2024, ruling necessitated no further elucidation.

The bench remarked, “Our order does not require any clarification. You are asking us to interpret our order. Take recourse to the appropriate legal remedy challenging the notice issued by the Delhi Development Authority (DDA),” in response to submissions made by counsel representing the Shahi Idgah Managing Committee.

The committee had petitioned for clarification regarding a ruling by a single-judge bench of the High Court, arguing that the observations therein were merely provisional, restricted to adjudicating the immediate legal dispute, and should not be construed as conferring ownership of the Waqf property to the DDA beyond the statutory framework of the Waqf Act.

Earlier, the division bench had dismissed an appeal by the committee against the single-judge ruling, which had refused to enjoin the installation of the statue commemorating the historical figure.

More Into The Case

During those proceedings, the court was informed that the Municipal Corporation of Delhi (MCD) had already installed the statue and that the religious rights of individuals offering prayers at the site remained unaffected.

The committee’s application further highlighted that the DDA had begun imposing user charges on the appellant for organizing the annual religious congregation, “Ijtema,” at Idgah Park.

In response, the bench clarified that, should the committee seek to contest the DDA’s imposition of such charges, it remained at liberty to pursue legal recourse in accordance with prevailing law.

Case Background

Previously, the single-judge bench had dismissed the committee’s plea to restrain civic authorities from encroaching upon the Shahi Idgah, which the committee asserted was Waqf property. The committee cited a 1970 gazette notification declaring Shahi Idgah Park a historical site dating back to the Mughal period, traditionally used for offering namaz.

It was contended that the site could accommodate approximately 50,000 worshippers simultaneously.

However, the single-judge bench concluded that the committee lacked any enforceable legal or constitutional entitlement to obstruct the DDA’s maintenance and management of the park or to oppose the MCD’s installation of the statue in the vicinity of the Shahi Idgah.