Delhi court dismisses review plea in Qutub complex row

New Delhi [India], December 24 : A Delhi court on Saturday dismissed a review petition moved by Kunwar Mahender Dhwaj Pratap Singh against the dismissal order of Intervention Application (IA) in a suit seeking worshipping rights for Hindus and Jains inside the Qutub Minar complex.
ADJ Dinesh Kumar of Saket court said, "I do not find any reason sufficient to review the order of September 20 passed by this Court. This Court cannot again review the said order just to find out whether there is another view possible or not. I am of the considered opinion that the applicant has failed to show any sufficient ground for review of the order. It is, therefore, dismissed and disposed of accordingly."
The further said that any grievance of the applicant regarding the said finding cannot be a ground to review the order as the court already held that the applicant is neither a necessary nor proper party.
Court also said that the other grounds argued by the counsel for the applicant are also not able to show any ground where there is an error apparent on the face of the record in the said order.
The applicant Kunwar Mahender Dhwaj Pratap Singh claimed ownership rights over Qutub Minar land and submitted that the government encroached on his property after 1947 and he has Privy Council records.
He also claimed to be an heir of the United Provinces of Agra and said the property of Qutub Minar belongs to him therefore the minaret along with the Quwwat-ul-Islam mosque should be given to him.
Saket Court's ADJ Dinesh Kumar earlier had dismissed the IA and said that it will hear the submissions on the main suit seeking the restoration of Hindu and Jain temples inside the Qutub Minar complex.
Earlier, appearing for the Hindu side, advocate Amita Sachdeva had opposed the IA and submitted that the intervenor is claiming property rights after 102 years. He is not interested in any kind of relief from the court. This petition is nothing more than a publicity stunt and should be dismissed with heavy costs.
Archaeological Survey of India (ASI) in its affidavit already submitted that the applicant claims his right over the mentioned cities in and around Delhi has not been raised since independence i.e. 1947 before any Court of Law as surmised from the submissions by the applicant.
"Moreover, the applicant's claim of ownership and right of prevention of interference in his property has lapsed by the principle of the case for delay and laches, since the time period to file a recovery/possession/injunction against the same, be it of 3 years or 12 years has already expired by many decades," stated ASI.
During the time of declaring the property in question as a Protected Monument in 1913, the complete procedure was followed and no one came before the authorities to object, and hence counting the period from 1913 to 2022, the period of limitation has already lapsed many times over, stated ASI in the affidavit.
The main appellant in the matter had claimed that the Quwwat-ul-Islam mosque, which is situated Qutub Minar complex, was built after destroying 27 temples.
Appeal suit alleging that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar complex in Mehrauli was built in place of a temple complex.
The suit was filed on behalf of Jain deity Tirthankar Lord Rishabh Dev and Hindu deity Lord Vishnu (through their next of friends), seeking restoration of the alleged temple complex, comprising as many as 27 temples.
"The suit was filed to preserve and protect the religious and cultural heritage of India and to exercise the right to religion guaranteed by Articles 25 and 26 of the Constitution of India by restoring 27 Hindu and Jain temples with respective deities which were dismantled, desecrated and damaged under the command and orders of Qutub-Din-Aibak, a commander of invader Mohammad Ghori, who established slave dynasty and raised some construction at the same very place of temples naming it as, Quwwat-Ul-Islam Mosque," the suit said.
The plea claimed that according to the Archaeological Survey of India (ASI) 27 Hindu and Jain temples were demolished and Quwwat-ul-Islam Mosque was raised inside the complex reusing the materials and seeking to "restore" the demolished temples.
The suit sought to declare that Lord Vishnu, Lord Shiva, Lord Ganesh, Lord Sun, Goddess Gauri, Lord Hanuman, Jain deity Tirthankar Lord Rishab Dev have the right to be "restored" within the temple complex at the site of Quwwatul Mosque Complex, Mehrauli, south-west Delhi "after rebuilding it with the same honour and dignity".
It also sought to issue an injunction directing the Central government to create a trust, according to the Trust Act 1882, and hand over the management and administration of the temple complex situated within the area of Qutub Complex in Mehrauli after framing a scheme of the administration to such trust.
"Pass a decree in the nature of a permanent injunction, restraining the defendants permanently from interfering in making necessary repair works, raising construction and making arrangement for the pooja, darshan and worship of deities in accordance with Sections 16 and 19 of 'The Ancient Monuments and Archaeological Sites and Remains Act, 1958' by a trust, to be created by the Central government within the area," the suit said.