Karnataka HC permits Ganesh Chaturthi celebrations at Hubbali Idgah floor
In a late-night listening to, the Karnataka High Court on Tuesday allowed Ganesh Chaturthi celebrations to be held on the Idgah floor in Hubbali, PTI reported.
A single-judge bench of Justice Ashok S Kinagi handed the order on a plea difficult Dharwad municipal commissioner’s permission to rejoice Ganeshotsav at Idgah floor in Hubbali-Dharwad – the dual metropolis municipality.
In his order, Justice Kinagi famous that the plot of land of the Idgah floor belonged to the Dharwad municipality. The petitioner, Anjuman-e-Islam, was solely a leaseholder for a interval of 999 years at a price of Re 1 per yr, the decide held, in line with PTI.
The listening to passed off hours after the Supreme Court put aside a Karnataka High Court order permitting Ganesh Chaturthi celebrations celebration at Bengaluru’s Idgah maidan.
On Tuesday morning, Justice Kinagi allowed the Dharwad municipal commissioner to contemplate the purposes acquired for the set up of the idol of Ganesha on the Idgah floor in Hubbali.
He had handed the order in view of the Karnataka High Court order on Bengaluru’s Idgah floor, noting, nonetheless, that an attraction towards the order was slated to be heard by the Supreme Court. Kinagi had allowed the petitioners to say the matter once more within the occasion of the Supreme Court passing an order.
At the listening to on the Hubbali matter, which began round 10 pm, Anjuman-e-Islam claimed that the plot of land in query was protected beneath the Places of Worship Act, 1991, which says no non secular place of worship will be transformed.
The single-judge bench, nonetheless, famous that the plot was not a spiritual place of worship and prayers had been allowed on the website solely throughout Eid, reported Bar and Bench.
“It is not in dispute that property belongs to respondent [Hubli Dharwad Municipal Corporation],” the court docket mentioned. “The petitioner is the licensee and permitted to use [the land] only on two occasions.”
The bench additionally dominated that Anjuman–i-Islam was not entitled to a beneficial determination on grounds of the Supreme Court verdict within the Bengaluru matter as info had been completely different within the Hubbali case.
The Supreme Court order
In August, a number of Hindu teams demanded permission to rejoice Ganeshotsav on Bengaluru’s Idgah Maidan, the place Muslims supply prayers.
The floor is locked in an possession tussle between the Karnataka Waqf Board and the Bruhat Bengaluru Mahanagara Palike, the municipal physique in Bengaluru.
The Karnataka High Court had given the group the permission to rejoice the pageant that might be held on Wednesday.
The state Waqf board then approached the Supreme Court towards the High Court order. Waqf Board counsel Kapil Sibal on August 29 had sought an pressing listening to into the matter, informing a bench headed by Chief Justice of India Lalit that “unnecessary tensions will be created”, if it was not taken up instantly.
The land, Sibal mentioned, has been in use by Muslims for many years. Sibal additionally cited a 1964 Supreme Court order which acknowledged that the Bengaluru civic physique had no energy to manipulate the Idgah maidan.
On Tuesday, Chief Justice of India UU Lalit fashioned a three-judge bench to listen to the petition. The bench then requested the Hindu teams to carry out Ganeshotsav rituals elsewhere.
“Issues raised in the SLP [special leave petition] may be agitated by both parties before HC [Karnataka High Court],” the court docket mentioned. “In the meanwhile status quo as of today be maintained by both sides. SLP is disposed of.”