Sunday, November 27, 2022

Qutub Minar title claim: Saket court dismisses Kunwar Mahendra Dhwaj’s intervention application

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A local court in Delhi on Tuesday disposed of the intervention application filed by Kunwar Mahendra Dhwaj Prasad Singh, claiming ownership rights over the area falling under between the rivers Yamuna and Ganga, stretching from Agra to Gurgaon, and including the historic Qutub Minar.

The Court of Additional District Judge Dinesh Kumar passed the order after listening to submissions made by  Advocate Subhash Gupta, appearing for Archaeological Survey of India (ASI); Advocate Manohar Lal Sharma, representing intervenor Kunwar Mahendra, and a Counsel appearing for one of the appellants.

Earlier on September 13, the Saket Court had reserved its order on the application.

Arguing on the maintainability of the petition, Sharma had alleged that the government had taken over the entire property in 1947 without his permission.

The ASI contended that Singh claimed rights for large and vast areas in several states, however, he was sitting idle on it for the last 150 years without raising the issue before any court.

The national agency noted that last year, the Delhi High Court had dismissed a similar petition filed by one Sultana Begum, seeking possession of Red Fort, claiming herself to be widow of the great grandson of the last Mughal emperor Bahadur Shah Zafar II. Her plea was dismissed, since there had been an inordinate delay in approaching the Court.

As per the applicant, Kunwar Mahendra was the Karta of Beswan Family, being heir of Raja Rohini Raman Dhawaj Prasad Singh, who died in 1950. He said during the lifetime of Raja Rohini Raman in 1947, another Ruler from the said family, the British India and provinces became free and independent and that he was the owner of Beswan Avibajya Rajya Beswan Estate Hathras Estate, Musran Estate and Brindaban Estate from Mahabharata Period, from Meerut to Agra between the Ganga, Jammuna till his death in 1950. 
It added that after the death of Raja Rohini Raman Dhawaj, properties were inherited by his legal heirs i.e. 4 sons and two widows (including the applicant) as per law of 1950. Ancestral land and properties continued in the Beswan family for generations since 1695 AD. 
The application noted that no merger was signed for Beswan Avibhajya Rajya Beswan and Beswan Families Beswan Estate Ancestral land and properties, which continued to be inherited for generations, from 1873 to 1950.
The petitioner said after Independence in 1947, the Indian Government neither entered into any treaty, nor there was any accession, nor there was any merger agreement with the Beswan Avibhajya Rajya Beswan. 
He claimed that there was no acquisition process and hence, the Beswan Avibhajya Rajya of Beswan family as on date, had the status of princely state, independent and owned all the territories of united province of Agra running between the rivers Yamuna and Ganga, stretching from Agra to Meerut, Aligarh, Bulandshahr and Gurgaon.

It further alleged that the Central government, besides the governments of Delhi and Uttar Pradesh, without the due process of law, encroached upon the legal rights of the applicant.


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