New Delhi (ILNS): The Mathura Civil Court has refused to admit a plea seeking removal of the mosque adjacent to Krishna Janmabhoomi in Mathura.
The Court has dismissed the plea on ground that the Places of Worship (Special Provisions) Act, 1991, had exempted litigation on ownership over disputed Ram Janmabhoomi-Babri Masjid litigation, but had barred any other court from entertaining litigation that would alter the status quo of a religious place as existed in 1947.
A civil suit had been filed before the Mathura civil court to reclaim Krishna Janmabhoomi in Mathura. The suit sought reclamation of the 13.37 acre land along with declarations that the previous compromise deed and Court decrees will not be binding. The Respondents in the suit were the U.P. Sunni Central Waqf Board and Committee of Management of Trust Masjid Idgah.
The suit sought removal of encroachment and superstructure illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf on land Khewat No.255 at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.
The suit had been filed on behalf of the deity along with devotees to ensure that Dharshan, Pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 of the Constitution of India are performed at the actual birth place. It also sought that the Sunni Waqf Board, Trust Masjid Idgah and their men, workers, attorneys and every person working under them be restrained from entering into the premises of the 13.37 acres of land in question.
The plaintiffs asked for removal of the construction illegally raised by them without authority of law at the property in question and have claimed their right under Article 26 of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan.
According to the plaintiffs, the property in question is under the proprietorship of Shree Krishn Janmbhoomi Trust, and the deity and the Trust have infeasible right in the property in question. Therefore no person, body of person, Trust or authority has any right to claim any part of the property in question on the ground that it has been in illegal possession for the last more than 12 years.
The suit had also stated that the Trust Masjid Idgah is not paying water tax or any tax in respect of land of Katra Keshav Dev to Mathura-Vindravan Nagar Nigam and its name does not find place in Municipal record. Also no Mosque was in existence at the time of auction sale in 1815, and only a small dilapidated structure was lying in the corner of Katra Keshav Dev, which later on the Muslims called a Mosque.