Dilapidated structure cannot be recognized as a religious place to offer Namaz: Supreme Court

The Supreme Court observed that “in the absence of any evidence of consecration or use, a dilapidated wall or platform cannot be conferred the status of a religious place for the purpose of offering prayers or Namaaz .

“The experts’ report is only relevant insofar as the work has no archaeological or historical significance. In the absence of any evidence of consecration or usage, a dilapidated wall or platform cannot be given the status of a religious place for the purpose of offering prayers/Namaaz,” a bench observed. of Judges Hemant Gupta and V Ramasubramanian.

The supreme court‘s remark came during the dismissal of appeals filed by the Rajasthan Waqf Board challenging an order of the Rajasthan High Court in Jodhpur.

“We find no merit in these appeals. Accordingly, the appeals are dismissed,” the court said.

The High Court of Rajasthan had granted the application of Jindal Saw Limited to order the appellant Waqf Board and others not to interfere with the action of the petitioner in the removal of the structure from Pur village, Bhilwara, Rajasthan.

Jindal Saw Limited had urged the High Court of Rajasthan to order the Waqf Board not to interfere with the act of removal of the structure i.e. the dilapidated platform/chabutarh at Tiranga Hills in the village of Pur, Bhilwara, Rajasthan for mining purposes.

Jindal Saw Limited said the said dilapidated structure is a stumbling block in the mining process which was awarded to the company under the lease dated December 2010 by the government of Rajasthan for an area of ​​1,556.78 hectares in Bhilwara . The company had argued that said dilapidated structure is not a religious structure.

The high court observed that the position of the state government that it identified it as a religious structure comprising in Khasra was not recorded.

“There is nothing in the record that such a decision, if any, was taken after the applicant was associated. It is always open to the State as lessor to exercise the powers given to it conferred by the Deed of Lease after complying with the principles of natural justice and for good and sufficient cause,” the high court said.

Published on: Saturday, April 30, 2022, 9:12 PM IST

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