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“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”
“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”
“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”
2025 SCC Vol. 10 Part 1: Explore the latest Supreme Court Cases on Constitution, Waqf Act, NI Act, and Marriage.
School of Law, Governance, and Public Policy at Chanakya University, in collaboration with the Chanakya Moot Court Society
The Court noted that the property in question, which includes ancient monuments like the Tomb of Shah Shuja, Tomb of Nadir Shah, and Bibi Sahib’s Masjid, had been declared as protected under the Ancient Monuments Preservation Act, 1904.
“Amendment to the TNPP Act, `1975 in the year 2010, bringing within its realm the Waqf properties, would be a dead letter, inoperative and non-est. Any action taken by the Estate Officer in respect of the Waqf property, resorting to the TNPP Act, 1975, would be coram non judice, non est and void.”
Calcutta High Court allowed the writ petition, emphasising the importance of following legal provisions in appointments to public offices and maintaining the integrity of the Waqf Board.