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SC puts on hold the plea to appoint a commissioner for survey of Shahi Eidgah Mosque

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The Supreme Court on Tuesday put in abeyance the plea of Hindu parties to appoint an advocate commissioner for survey of the Shahi Eidgah Mosque adjoining the Krishna Janamabhoomi temple in Mathura saying that the demand of Hindu parties is vague and too extensive.

A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta clubbed the matter with other batch of petitions challenging the High Court order in nearly 18 suits relating to the Krishna Janamasthan Shahi Idgah land dispute and posted the matter to be heard on January 23.

Justice Sanjiv Khanna told the Hindu parties that the plea made by them to appoint a Commissioner was very vague and extensive and some important legal points arise in it. The Bench said, you have to be very specific and clear on what you want the commissioner to do?

The Supreme Court initially stayed the Allahabad High Court order of December 14 for the appointment of an advocate commissioner to oversee the survey of the mosque and told Senior Counsel Shyam Divan appearing for the Hindu parties that you cannot make an omnibus application like this? Its so vague.

Shyam Divan protested a complete stay on the order and said the High Court may be allowed to at least work out the modalities of this survey. To this, the bench said the commissioner shall not be appointed for now and posted the matter to January 23 to be heard with the other pending petitions in the same matter.

Advocate Tasneem Ahmadi appearing for the Idgah committee and the Uttar Pradesh Sunni Wakf Board argued that they do not have financial resources to travel to Allahabad High Court which is 600 Kilometers away and would prefer if the case is heard in Delhi High Court which is just 150 kilometer distance from their office.

Multiple suits regarding the Shri Krishna Janamabhoomi-Shahi-Idgah Mosque land dispute are pending before various courts in Mathura and Allahabad. These suits have a common demand to reclaim 13.37 acres of land on which Mosque stands and abuts the temple should be returned to the Shri Krishna Janamabhoomi Trust.

The Supreme Court is seized to a challenge to a May 26, 2023 Allahabad High Court order by which it had transferred to itself all suits filed by the Hindu parties claiming right over the Mosque land

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