Saturday, August 13 2005 11:54 Hrs (IST) - World Time -

New Delhi: The Archaeological Survey of India (ASI) yesterday (Aug 12, 2005) questioned before the Supreme Court the controversial order of the U.P. Sunni Wakf Board declaring the 17th century Mughal monument Taj Mahal as Wakf property contending that it stands vested in the Union Government.

The ASI challenged the order contending that the Board failed to produce the alleged Wakf deed or its copy treating the Taj Mahal as having been dedicated by Emperor Shah Jahan to the Wakf.

The Special Leave Petition filed by ASI's counsel A D N Rao submitted that the Board failed to note that the claim of Mohd Irfan Bedar that the property be bequeathed to him being a descendent of Mughal, was completely time barred.

The ASI contended that by declaring the monument as Wakf property, the Board ignored the issue of its "title" which was vested with the Centre.

It said any attempt of registration of the Taj Mahal as Wakf property was illegal as it has been under the actual and physical possession of the ASI.

Apprehending that the declaration affecting the title of monument would lead to communal disharmony and maintenance of law and order, the ASI said the Board failed to note that the claims have been laid by the Shia Wakf Board as well as the so-called heirs of Emperor Shah Jahan.

A week after the July 13 order to declare the monument as Wakf property, the Board had filed a caveat in the Supreme Court so as to prevent the ASI from taking an ex parte order on the issue.

"If any petition, application, is filed, let nothing be done without notices to the Board's counsel," the Waqf Boards lawyer Anis Suhrawardy had said in the caveat.

The order of the Board has also been challenged by a UP-based society, Taj Conservation Committee. The Committee has sought nullifying of the order passed by the Waqf Board on the ground that the apex court has been seized of the matter for the last 21 years and no court, board or Commission has jurisdiction to entertain the issue related to the Taj Mahal. The Uttar Pradesh Sunni Central Waqf Board on July 13 had declared the Taj Mahal a Waqf property "by use" and ordered its registration as such but the ASI, which manages the 17th century monument, said it would challenge the order.

Acting on directions of the Allahabad High Court, Waqf Board chairman, Hafiz Usman, pronounced the order which said the Taj Mahal, the connected mosques and tombs, which were surrounded by a wall, were 'Waqf property' and it was essential to register them as such in accordance Usman, however, said the decision about the management of the Taj Mahal would be pronounced at a later stage. He did not specify when.

He had directed the Chief Executive Officer of the Board to convene a meeting of the ministries concerned of the Union and State Governments and Sunni Central Waqf Board officials to decide the scheme of management of this 'waqf' (Taj).