On August 31, Shri Ganesha’s idol was installed at Hubbali Eidgah Maidan after Karnataka High Court allowed Ganesh Chaturthi celebrations at the said ground.
Anjuman-E-Islam had petitioned against the Dharwad Municipality’s permission to allow Ganesh Puja on the said ground. But the Court rejected the plea saying that the ground is owned by the municipality, and just because Muslims are allowed to offer prayers twice a year, they can’t block others from using the ground.
Karnataka | Ganpati idol installed at Eidgah ground at Hubbali-Dharwad after Karnataka High Court upheld authorities’ decision to allow #GaneshChaturthi at Eidgah ground at Hubbali-Dharwad and rejected pleas challenging permission for allowing the rituals here. pic.twitter.com/ieafiRiIWg
— ANI (@ANI) August 31, 2022
On Tueaday night, the court heard the urgent plea at 10 PM challenging the Municipal Commimssioner’s order that allowed Ganeshotsav celebrations at Hubbali’s Eidgah Maidan. In its order, the court said that there is no dispute over the title of the ground, it is owned by the municipality which has not been contested by the petitioner, therefore the municipality can allow anyone to use it. The court observed, “In this particular case, there is no title dispute, hence the petitioner is not entitled to SC interim order. Go ahead for Ganesh Chaturthi at Hubbali’s Eidgah Maidan.”
The HC was referring to a Supreme Court order on a similar case regarding a ground in Bengaluru, where the apex court has ordered status quo and didn’t permit to hold Ganeshotsav as a title dispute is going on in case of that ground.
The Ganeshotsav started on August 31 this year.
#Karnataka High Court Refuses To Stay #Ganesh Chaturthi Celebrations At Idgah Ground At Hubbali-Dharwad
— Live Law (@LiveLawIndia) August 30, 2022
HC says Supreme Court order passed with respect to Bangalore Idgah maidan not applicable to Hubbali case.#GaneshChaturthi2022 https://t.co/VJtt3g40mN pic.twitter.com/AsQfOfZMOV
While representing the case for the State Government, Additional Advocate General Dhyan Chinnappa pointed out that Hubballi’s Eidgah Maidan matter is different from the Bengaluru Eidgah Maidan matter, where the Supreme Court had asked both parties to maintain the status quo on August 30. He said, “In Bengaluru case, government’s order was challenged. That is a disputed question, as Waqf could not prove the title claim. In this case, that question is not there. In this case, a suit was filed a long ago. The suit was allowed. It was instituted by private parties.”
He further added, “The trial court declared that the public had the right to use the land. The first appeal court answered the question by asking whether the property belonged to Waqf. The court dismissed the appeal, and even SLP was dismissed. Here, there is no dispute on title and possession. They only have the right to conduct namaz for two days on Ramzaan and Eid al-Adha.”
AAG Chinnappa said the Hubbali-Dharwad Municipal Corporation has exclusive possession of the land. “The right of the corporation to utilise the way it wants is there. If they are prohibited for the two days mentioned, I understand they can come to court, but if it is not for the two days then it cannot be. Ultimately what was given was a license and not right. The Commissioner has passed this order on taking account all factors,” he said.
It is notable that the corporation has decided to install a Ganapati idol for three days at Hubbali Eidgah Maidan. The decision was announced following a meeting on Monday by Mayor Iresh Anchatageri. Muslims have been granted permission to hold prayers at that particular ground twice a year. On the other hand, it is used by HDMC to hoist the national flag on Independence Day and Republic Day, and used as a parking ground on most other days.
Supreme Court ordered to maintain status quo in Bengaluru’s Idgah Maidan matter
Earlier on Tuesday, the Supreme Court denied permission for Ganesh Chaturthi celebrations at the disputed Idgah Maidan in Bengaluru. The apex court imposed a status quo on the Maidan on a petition by the Karnataka Waqf Board and said, “No pooja, no namaaz as of now.”
Directing the parties to seek a settlement through the Karnataka High Court, the SC remarked, “You can hold the Pooja somewhere else. Interim status quo (will remain) for two days and go back to High Court.”
The Idgah Maidan has been at the centre of a controversy, with both the Karnataka Waqf Board and the Bruhat Bengaluru Mahanagara Palike claiming its ownership.
The Supreme Court was hearing a petition filed by the Karnataka Waqf Board against the Karnataka High Court, which granted the state government permission to consider the application for the use of the Eidgah Maidan in Chamarajpet, Bengaluru, for religious activities (primarily Ganesh Chaturthi celebrations) for a limited period beginning August 31.
