Delhi High Court: ‘Not inclined to pass order declaring Jama Masjid as protected site’
- In Reports
- 03:49 PM, Oct 24, 2024
- Myind Staff
The Delhi High Court stated on Wednesday that it is not inclined to issue an order to officially declare the Jama Masjid as a protected monument. The court was reviewing an affidavit from the Archaeological Survey of India (ASI), submitted on behalf of the Union cultural ministry.
The ASI explained that if the 17th-century mosque, Jama Masjid, is declared a protected monument, no new construction would be allowed within 100 meters of it. Additionally, any construction activities within 200 meters would need prior approval.
Advocate Anil Soni filed the six-page affidavit on October 21 which said, “Thus, there is a substantial impact of central protection on the 300 metres zone around the monument. Further, the Jama Masjid is under the protection and guardianship of the Delhi Waqf Board (DWB) under the Waqf Act, 1995. In the event of declaring it as a protected monument, the regulations of prohibited and regulated areas would come into effect.” The development came in response to Suhail Khan’s petition which called for Jama Masjid to be enlisted in the categories of protected monuments as well as sought the demolition of the encroachments surrounding the celebrated mosque.
A bench of Justices Prathiba M. Singh and Amit Sharma has instructed representatives from the ASI (Archaeological Survey of India) and DWB (Delhi Waqf Board) to visit the Jama Masjid, inspect it, and submit a report. This report should include a sketch of the mosque and details about how its premises are being used. The purpose is to improve the administration of the Jama Masjid and take steps to protect and preserve it.
“As far as the protected monument is concerned, the court is not inclined cause of the affidavit (filed by the ASI). Even if it’s not treated as a protected monument, revenues cannot go exclusively to a private person… We’ll have to see how to streamline the administration of Jama Masjid… We’ll get the revenue thing streamlined and pay it to the waqf because the waqf was clearly short of funds…,” the court remarked.
In addition, the court set December 11 as the next hearing date and instructed all parties—the petitioner, the Union ministry, and DWB—to submit a brief statement outlining the actions that might be taken to conserve and preserve the mosque. The Union ministry and ASI were given a "final opportunity" to present the full original file on September 27 after the court expressed disapproval of their failure to do so. This was in relation to former Prime Minister Manmohan Singh's decision to not designate Jama Masjid as a protected monument in spite of its order. However, the original file was still untraceable, according to the affidavit dated October 21.
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