A division bench of the High Court of Karnataka on Friday permitted the State government to consider and passing appropriate orders on the applications received by the Deputy Commissioner, Bengaluru Urban, seeking the use of the Idgah maidan, Chamarajpet, for holding various religious and cultural activities for a limited period from August 31, 2022.
The interim order was passed on an appeal filed by the State government questioning the August 25 interim order passed by a single bench, which had restricted the State government and the Bruhat Bangalore Mahanagara Palike (BBMP) to using Idgah maidan land only for the specified purposes.
Land of diversities
“The Indian society comprises religious, linguistic, regional or sectional diversities. The Constitution of India itself fosters brotherhood amongst various sections of Society. The principle of religious toleration is the characteristic of Indian civilization. We therefore, at this stage, in the peculiar facts of the case, modify the interim order of August 25, 2022,” the division bench comprising acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty, observed in the interim order on the Government’s appeal.
Meanwhile, the division bench clarified that the rest of the directions contained in the single bench’s August 25 interim order remain unaltered, while adjourning further hearing on the government’s appeal till September 12.
Earlier, State Advocate-General Prabhuling K. Navadgi had contended that there is a dispute with regard to title of the land in question and the Deputy Commissioner, Bangalore City, has received as many as five applications from various organisations seeking permission to use the land in question on August 31, for a limited period for the purpose of holding religious and cultural activities. The government requested the division bench to allow it to appropriate decision on the applications as the land vests with the State Government.
The 1965 notification
The A-G disputed the claim of the Karnataka State Board of Auqaf, which had relied on a 1965 notification, to claim that the land is a wakf property. He pointed out that the Board has made the claim over the property after 57 years of the said notification, which is not binding on the Government. The 1965 notification does not specify the either the survey number or boundary of the land mention in the list of wakf lands, Mr. Navadgi argued.
However, Senior Advocate Jayakumar S. Patil appearing for the Board has opposed the prayer of the Government to permit the use of Idgah maidan land for any purpose other than permitted by the single bench. Mr. Patil claimed that BBMP’s action ordering registration of khata in favour of the State Government’s Revenue Department was erroneous.
Earlier order
The single bench had allowed the use of Idgah maidan land only for the flag hoisting on Independence Day and the Republic Day, use as a playground, and for offering prayer by people from Muslim community only on two days, on Ramzan and Bakrid festival days, in a year and not any other day.
