NEW DELHI, Aug 24 (UNI): Irfan Bidar, on whose petition the Uttar Pradesh Sunni Central Wakf Board declared Taj Mahal a Wakf property, today filed a caveat in the Supreme Court to ensure that the court did not proceed with the petition against the Wakf order by the Archaeological Survey of India (ASI) without hearing him.
The ASI had moved a petition in the apex court on August 12 seeking to nullify the July 13 Wakf Board order which was passed on a petition by Irfan Bidar who had sought declaration of Taj Mahal as wakf property and himself as its Mutawalli (caretaker).
The petition, which is yet to come up for hearing, has further sought a stay of the order by the Board as it would come in way of the management of the Taj Mahal.
In its petition before the court, the ASI has contended that the Board order was liable to be struck down as it went beyond the jurisdiction conferred upon it under the Wakf Act.
It further alleged that the Board had ignored the provisions of the Ancient Monuments Act 1904 and the Ancient Monuments and Archaeological Remains and Sites Act 1958.
Pointing out that the apex court has been monitoring steps taken for the maintenance, conservation, preservation and security of the monument since the past many years, the ASI said that if the order was not set aside, it would dilute the orders of the court.
The petition said the impugned order would render all steps taken by the ASI for preserving and conserving the monument futile.
It further pointed out that the Board overlooked the fact that such an order could lead to communal disharmony and disruption of law and order.
Earlier, a lawyer had also filed a petition challenging the Wakf order in the apex court.
Besides seeking setting aside of the order, he has sought a direction for certain amendments in the Waqf Act 1995 which allegedly gave "unbridled and unfettered" powers to the Waqf Board in violation of the basic principles of law.
