The Archeological Survey of India (ASI) Wednesday asked a Delhi court to dismiss an application filed by a person who claimed to be a descendant from a royal family over the legal rights on the land in south Delhi, where Qutub Minar complex and Quwwat-ul-Islam mosque are located. It made the request during the course of arguments in a revision petition challenging the dismissal of a plea seeking the restoration of ‘27 Hindu and Jain temples’ at the Quwwat-ul-Islam mosque located inside the historical Qutub Minar complex.
The court will hear the matter again on September 13.
The ASI argued that the applicant was sitting idle for the past 150 years without raising an issue before any court.
Additional District Judge Dinesh Kumar has given one last opportunity to the applicant to address arguments after his lawyer had sought adjournment in the matter.
On June 9, the court had deferred the matter, after the applicant, Kunwar Mahender Dhawaj Prasad Singh, claiming to be a descendant from a royal family, intervened in the case claiming that he has legal right over the area under South Delhi. He wanted to be heard in the Qutub Minar case.
Singh, in his application, claimed that he is the Karta of Beswan family, who by origin are Jats in Aligarh district.
The applicant also argued that the Central Government, Delhi Government and UP Government “without due process of law encroached upon the legal rights of the applicant.” He had in the past issued notices to the Noida authority, Jewar Airport Authority, Delhi Development Authority (DDA) and others.
Singh’s lawyer argued that after thorough enquiry he had come to know about the pendency of litigation before the court and moved the court to protect his legal right to property in question.
The ASI filed its reply saying that the application was not maintainable.
The ASI lawyer Subash C Gupta, had largely argued that the applicant has not claimed specifically any right in the appeal.
The ASI stated that the applicant claims rights for “large and vast areas in several states and was sitting idle on it for the last 150 years without raising issue before any court”. The ASI argued that on account of his absence of filing his reply or taking a stand on the issue in the past 150 years, the issue was liable to be dismissed.
The ASI had also relied on a Delhi High Court case in which one Sultana Begum, claiming to be the wife of great grandson of Bahadur Shah Zafar said that she was in possession of Red fort. The court had dismissed the petition solely on the ground of delay without going into merits.