Places of Worship Act only applicable in ‘undisputed’ structures, petitioners tell HC

The Hindu petitioners in the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura on Monday submitted that the Places of Worship Act, 1991, applies only in the case of undisputed structure and not in the case of a disputed structure, as is the case in present suit.

In the present case, the character of the structure is still to be decided and it is to be decided only by evidence, it said. “An illegal construction on a temple cannot bar the institution of suit. All this to be decided in suit itself on merit. Application under Order 7 Rule 11 (regarding maintainability of suits) can only be decided after framing issues and offering evidence from parties,” the counsel for the Hindu petitioners submitted.

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On the question of a compromise entered into 1968, it was submitted that it cannot be seen at the stage of deciding application on maintainability of suit.

Earlier, the Muslim petitioners had before the court submitted that the suit was barred by limitation because the parties had entered into a compromise on October 12, 1968. It said by that compromise the land in dispute was given to Intezamia Committee of Shahi Idgah and the said compromise was confirmed in a civil suit decided in 1974.