The Supreme Court on Monday stayed the controversial order of the Uttar Pradesh Sunni Central Wakf Board declaring Taj Mahal as its property with Archaeological Survey of India contending that the title of the 17th century monument vested with the Centre.
A bench comprising Justice Ruma Pal, Justice S B Sinha and Justice S H Kapadia issued notices to the Wakf Board, Uttar Pradesh government and others on ASI's petition in which it had apprehended that the July 13 order of Board affecting the title of monument could lead to communal disharmony and maintenance of law and order.
The Bench also issued notice to Mohd Irfan Beddar, who had sought bequeathing of property to him, being a Mughal descendent, which the ASI has opposed contending that it was completely time barred.
The court asked the contesting parties to file counter affidavits within four weeks.
The ASI challenged the Wakf order contending that it failed to produce the purpoted Wakf deed or its copy in support of its claim that Taj Mahal was dedicated to it by Emperor Shah Jahan.
It said any attempt of registration of Taj Mahal as Wakf property was illegal as it has been under the actual and physical possession of the ASI and 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.
The Waqf Board had declared the Taj Mahal as a Waqf property by use and ordered its registration as such.
Acting on directions of the Allahabad High Court, Waqf Board Chairman Hafiz Usman had 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 with the Waqf Act, 1995.
Usman, however, had said the decision about the management of the Taj Mahal would be pronounced at a later stage but he did not specify when.
