The Delhi High Court on Monday questioned the proposed demolition of structures in the Ajmer Sharif Dargah, stating that the government cannot carry out the demolition activity based on vague notices [Syed Meharaj Miya v Union of India and Ors]. .Justice Sachin Datta said that show cause notices must be served on stakeholders before razing the structures in the 13th Sufi shrine and principles of natural justice must be followed. “You can’t just go with a bulldozer and wipe off. Your notice is as vague as it gets,” the Court remarked. .The Court was hearing a plea filed by Syed Meharaj Miya, the hereditary Khadim of the dargah, seeking directions to the Union Ministry of Minority Affairs and the Office of the Nazim Dargah Committee to withdraw the order dated November 22. It was stated that the order directs demolition of several permanent and temporary constructions within and outside the Dargah premises, including the seats of the khadims, without giving them any opportunity of a fair hearing.Senior Advocate Shadan Farasat and advocate Chayan Sarkar appeared for the petitioner and said that the constructions sought to be demolished are not encroachments. Farasat stated that at present, there is no Dargah Committee to manage the shrine and the affairs of the shrine are being managed by a government-appointed Nazim who lacks the power to issue such directions.“The Nazim is the secretary of the committee, he is not the one who takes the decision, he only executes the decision. He has no power. Committee will regulate my presence in Dargah but who is he [Nazim]? He is my delegatee he doesn’t have independent powers of his own. The new committee has not been constituted in the past three years,” he submitted. Central Government Standing Counsel (CGSC) Amit Tiwari appeared for the government and opposed the plea, stating that the petitioner had put up temporary structures.“They have put up temporary structure. There are serious obstructions and will create problems. Urs is going to be held and more than five lakh people will visit. Where is a single allotment of land? They are encroaching. Dargah can’t be left like this. We are doing everything to secure the place. There is no right in their favour,” he said.Tiwari further said that the Nazim is in place and all the powers of the committee are exercised by the Nazim. .Meanwhile, the Court noted that on November 6, it had directed the Central government to constitute the Ajmer Sharif Dargah Committee within three months, but no progress has been made on the issue.“Without the committee, the Nazim is nobody. Nazim is only a delegatee. Why don’t you constitute a committee? “You can’t sit on it, you have to institute the committee. Order directed three months does not mean you will constitute committee on ninetieth day," Justice Datta said.Thereby, the Court has directed the Centre to expedite the process to constitute the dargah’s committee. It further directed Centre to issue a show cause notice before removing the structures in the premises. “The respondent no. 1 [Union Ministry of Minority Affairs] shall expedite the formation of Dargah committee. Let the same be done as expeditiously as possible. Before taking precipitative action, natural justice will be followed.” The next date of hearing is on February 23, 2026. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
