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Big blow to Hindu party:

Survey of Shahi Idgah in Mathura will not take place; SC stayed the High Court's order, saying - Hindu party's demand is not
4 Month ago

The Supreme Court has stayed the Allahabad High Court's order to survey the Sri Krishna Janmabhoomi-Shahi Idgah premises in Mathura. During the hearing on Tuesday, the Supreme Court said that the demand of the Hindu party is still not clear. Therefore, the Court has stayed the High Court until another order on the Commissioner's survey. Along with this, a notice has also been sent to the Hindu party. The next hearing of this case will be on January 23.

Along with this, the Supreme Court said that apart from the case related to the survey of the complex, all other cases related to Sri Krishna Janmabhoomi-Shahi Idgah will continue to be heard in the Allahabad High Court. The Muslim party petitioned the Supreme Court against the High Court Commission's survey decision.

Earlier, the Allahabad High Court on December 14, accepting the Hindu party's plea, ordered the appointment of a court commissioner to survey the premises. The High Court rejected the arguments of the Muslim party, the Waqf Board, which claimed that the petition was not maintainable.

This decision was given by a single bench of Justice Mayank Kumar Jain of the High Court. There is a dispute over the 13.37 acres of land of Sri Krishna Janmabhoomi-Shahi Idgah. That is why the Hindu party demanded a survey. However, the Supreme Court has stayed it till the next date.

On the court's decision, Dinesh Sharma, the plaintiff and president of Sri Krishna Janmabhoomi Mukti Nirman Sangharsh Trust, said, "The Hindu party has ancient evidence. The name in Khasra Khatauni belongs to the Hindu party. The electricity and water bills are paid by the Hindu party. Even the town corporation tax is paid by the Hindu party. , so one day the survey will be accurate, because the court gives a decision based on the evidence.

However, the Muslim party has managed to stop the survey for a few days. The Muslim party also wants the survey to be stopped for a few days, because they realize that if the survey takes place, the milk will turn to milk and water to water.

The agreement was declared illegal by Hindu parties in the Shri Krishna Birthplace Shahi Idgah case, which was settled on 12 October 1968. About 2.37 acres out of 13.37 acres of land was given for Shahi Idgah in this agreement between Sri Krishna Janmabhoomi Seva Sangh, an associate body of Sri Krishna Janmsthan Trust and Shahi Idgah.

However, the Sri Krishna Janmabhoomi Seva Sangh was dissolved after this agreement. The Hindu party is calling this agreement illegal. According to the Hindu party, the Sri Krishna Janmabhoomi Seva Sangh had no right to negotiate.

What was the 1968 agreement?

In 1946, Jugal Kishore Birla formed the Sri Krishna Janmabhoomi Trust to take care of the land. Jugal Kishore died in the year 1967. According to court records, the campus was not much developed before 1968 and the 13.37 acres of land was occupied by several people

In 1968 the Trust entered into an agreement with the Muslim party. Under this, the entire management of the Shahi Idgah Mosque was handed over to the Muslims. After the 1968 accord, Muslims living in the complex were asked to vacate it. Along with this, a wall was also built between the mosque and the temple, which work together. The agreement also stipulated that there would be no windows, doors or open drains in the mosque towards the temple. The two places of worship are separated by a wall.

The petitioners contended that the 1968 agreement was fraudulent and not legally valid. He said that under no circumstances could the deity's rights be taken away by settlement, as the deity was not a party to the proceedings.

Who owns the disputed land?

The Shahi Idgah Mosque was built in 1670 by Aurangbez. It is believed that this mosque was built on the site of an old temple. This area is considered as nazul land i.e. uncultivated land. It was first ruled by the Marathas and later by the British.

In 1815, Raja Patani Mal of Banaras bought this 13.37-acre land from the East India Company in an auction, on which the Idgah Masjid is built and is believed to be the birthplace of Lord Krishna.

Raja Patni Mal sold this land to Jugal Kishore Birla and it was registered in the names of Pandit Madan Mohan Malviya, Goswami Ganesh Dutt and Bhiken Lalji Atreya. Jugal Kishor formed a trust called Srikrishna Janmabhoomi Trust, which acquired the ownership rights of the Katra Keshav Dev Temple.

What are the rights of a deity?

According to Indian law, a deity is considered a juristic person rather than a natural person. Deities have all legal rights to acquire, sell, buy, transfer and litigate court cases. In Kannu the deity is considered a minor and can be contested in court by a priest. Hindu gods and goddesses get property rights under the Hindu Succession Act.

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