Taj Mahal – Allahabad High Court Seeks Centre, ASI Reply on Temple Claim
Taj Mahal – The Allahabad High Court on Monday asked the Union government and the Archaeological Survey of India to respond to a petition connected with a long-running claim about the presence of a temple within the Taj Mahal complex in Agra. The court issued the direction while hearing a writ petition challenging earlier orders that refused a request for a survey of the site.
Petition challenges refusal to appoint commissioner
The petition was filed on July 3 by Agreshwar Mahadev Nagnatheswar Virajman Tejo Mahalaya temple, along with advocate Hari Shankar Jain and four other petitioners. They have approached the High Court against decisions of courts in Agra that declined to appoint an advocate commissioner for examining the premises described in the case as disputed.
The petitioners had also sought permission for photography of the relevant area within the Taj Mahal complex. According to their submission, these steps were needed to assist the court in deciding the civil dispute. However, the trial court rejected the application, while a subsequent revision petition was dismissed on the ground that it was not maintainable.
Court asks Centre and ASI to file affidavits
Justice Rohit Ranjan Agarwal heard the submissions made by Jain and directed the Union government and the ASI to submit counter-affidavits in the matter. The court also issued notice to Pankaj Kumar Verma, who has been named as respondent number four in the writ petition.
The case before the High Court arises from orders passed by the Civil Judge (Senior Division) in Agra and the Additional District Judge. Both courts had refused to order a commission for a survey of the premises involved in the dispute.
The High Court has not made any finding on the merits of the claim. Its present order requires the respondents to place their position before the court before the matter proceeds further.
Civil suit has remained pending since 2015
The dispute is linked to a declaratory suit filed in 2015 before the Civil Judge (Senior Division) in Agra. In that suit, the petitioners have sought a declaration that the Agreshwar Mahadev Nagnatheswar Virajman Tejo Mahalaya temple exists within the Taj Mahal premises.
During the pendency of that civil suit, an application was moved seeking the appointment of an advocate commissioner. Such a commissioner is generally appointed by a court to inspect a location, record observations and submit a report that may assist in the adjudication of a case.
The applicants argued that a physical examination and photographs of the concerned portion of the complex were necessary for a fair consideration of their plea. The lower courts, however, did not grant the requested relief.
Challenge brought before Allahabad High Court
After the trial court’s order, the petitioners moved the district court in revision. That challenge was dismissed as not maintainable, prompting them to approach the Allahabad High Court through the current writ petition.
The Union of India, the Archaeological Survey of India and Pankaj Kumar Verma have been named as respondents. The ASI is responsible for the conservation and protection of the Taj Mahal, which is a centrally protected monument and one of India’s most prominent heritage sites.
The matter will now move forward after the Centre and the ASI file their responses. The court’s next hearing is expected to consider the affidavits and the arguments of all parties on whether the earlier refusal to appoint a commissioner should be reconsidered.