When the matter was taken up by the 3-judge bench at 4.50 pm, Senior Counsel Kapil Sibal for the appellants, said that it is admitted position that no religious function has been performed of any other community in the Eidgah for last 200 years.
“In 1964 we had an injunction in our favour from Justice Hidayatullah. This is Wakf property under the Wakf Act. In 1970 also, injunction was granted in our favour. Once it is wakf, character cannot be challenged. Now under new Act, they said the wakf character is in dispute,” he said.
Sibal pointed out that a single-judge of the High Court had ruled in their favour.
“Thereafter the single-judge order was modified (by division bench). So a 200 year old character of the land is sought to be changed. Suddenly they wake up in 2022 and on what ground,” Sibal said.
“Was any such festival held earlier,” Justice Oka asked
“Never,” replied Sibal.
“So your objection to use the ground for any other purpose.. is it in relation to only one festival. Is it only for festival tomorrow that is Ganesh Chaturthi or others as well,” the bench queried.
“No. (Objection is to) all religious festivals apart from Ramzan and Bakr eid,” Sibal said.
He underlined that a Supreme Court judgment had established that the land was an Eidgah and that the municipal corporation had no right over the same.
“After this Mysore State Board had declared this to be wakf land,” he contended.
Senior Adv Mukul Rohatgi appearing for BBMP, however, rebutted the argument stating,
“Corporation is not the owner, it is the State government.”
“You cannot claim ownership till it is a Wakf property. The state of Karnataka is a party to the suit milords.. Please see page 94. So the wakf notification was never challenged at any stage. Where is the question of ownership over a wakf land when there is a declaration that it is an auqaaf?” Sibal asked.
Source: Barandbench
