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Taj belongs to UP Waqf Board, rules its Chairman
Shahira Naim
Tribune News Service

Lucknow, July 13
Uttar Pradesh Sunni Waqf Board Chairman Hafiz Usman in a one-of-its-kind judgement today settled the ownership rights of the 350-year-old Taj Mahal in favour of the board that he heads.

The Archaeological Survey of India (ASI) Assistant Superintendent (Agra circle), Mr S.K. Sharma, said the ASI would challenge the judgement in the high court and described Mr Usman’s judgement as another “eighth wonder of the world”.

Speaking to The Tribune he said, “The judgement is not against the ASI. It is against the interest of the Taj or I’ll say against the interest of the country as UNESCO recognises the monument as a cultural heritage and as one of the eight wonders of the world.”

This recognition he pointed out, had brought immense prestige to the country. This was only because the monument had been declared a protected monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act 1958.

He said UNESCO only recognised monuments under state control hence this prestigious recognition might be under threat now that the Uttar Pradesh Sunni Waqf Board was making claims to it.

After consulting its counsel, the ASI would file a petition in end, Mr Usman in his 13-page judgement declared that “ in the light of irrefutable evidence present in files, it had been decided that Rauza Taj Mahal, the adjoining mosque, tomb and courtyard on Khasra no 12 (new) and 520 (old) spread over an area of 77 bighas and 4 biswa in Basai village in Agra was to be registered as waqf property under Section 36/40 UP Waqf Act 1995”.

Mr Usman said he had collected documents from libraries in Kolkata, Aligarh, Rampur and London to support his claim to register the 17th century monument in the board’s name.

The issue of Taj Mahal being waqf property came into the limelight when the Allahabad High Court, in an order on November 8, 2004, had asked the waqf board to adjudicate on the issue within three months. This was in response to a PIL petition filed by a Firozabad businessman, Irfan Bedar, demanding that Taj Mahal be declared a Sunni waqf property and he be appointed its trustee.

On June 25, the Chairman had deferred the judgement, saying that the board was still collecting evidence and considering legal points pertaining to the world heritage monument. Meanwhile, many claimants to the historic monument have mushroomed. The Shia community had also filed an application with the board arguing that as Mumtaz Mahal was a Shia, the Shia Waqf Board also had a claim over the monument. A prince now living in Hyderabad had held a press conference in Lucknow last month claiming to be a direct descendent of Bahadur Shah Zafar and asserting to be the rightful owner of the Taj.

The judgement has only decided on the ownership issue, ignoring the petition of Irfan Bedar, who has now decided to go to court.