Taj Mahal dispute: Allahabad HC asks Centre, ASI for counter-affidavits

Allahabad HC has asked the Centre and ASI to file counter-affidavits in the 'Tejo Mahalaya' temple dispute at the Taj Mahal. The court was hearing a plea challenging lower courts' refusal to appoint a commissioner for a survey of the site.

The Allahabad High Court has intervened in the long-standing legal dispute concerning the claim of a 'Tejo Mahalaya' temple within the Taj Mahal complex, directing the Union Government and the Archaeological Survey of India (ASI) to submit their counter-affidavits. Justice Rohit Ranjan Agarwal issued the directive while hearing a petition challenging the lower courts' refusal to appoint an Advocate Commissioner for a survey and scientific documentation of the site. In addition to the government and the ASI, the court has also issued a formal notice to respondent Pankaj Kumar Verma.

Legal Background of the Dispute

The issue stems from a declaratory suit filed in 2015 at the Agra Civil Court, in which the petitioners--representing the 'Lord Shri Agreshwar Mahadev Nagnatheshwar Virajman Tejo Mahalaya Temple'--seek legal recognition of the complex as a temple site.

During the ongoing proceedings in the Agra court, the petitioners moved an application seeking the appointment of an Advocate Commissioner to conduct a survey and photography of the premises to ascertain the historical nature of the structure. This request was initially rejected by the trial court, and a subsequent revision plea was dismissed by the Additional District Judge on the grounds of maintainability.

Arguments for Scientific Survey

Senior Advocate Hari Shankar Jain, representing the petitioners via video conference, argued that the lower courts erred in dismissing their plea. He maintained that a scientific survey and photographic record are critical for reaching a fair and definitive resolution of the dispute.

A New Turn in the Case

The High Court's latest order marks a new turn in the case, as the judicial process now shifts to obtaining official responses from the central authorities regarding the proposed survey. (ANI)

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