Can’t go in with a bulldozer and raze everything: Delhi HC relief to Ajmer dargah
The Delhi high court on Monday stated that the central government cannot simply move in with a bulldozer and raze everything
The Delhi high court on Monday stated that the central government cannot simply move in with a bulldozer and raze everything, as it restrained the government from demolishing structures in or around Ajmer Sharif Dargah, including the seats of the Gaddi Nasheens, without giving the affected individuals an opportunity to be heard.
A bench of justice Sachin Datta was hearing a petition filed by Meharaj Miya, the Dargah’s Khadim (priest), challenging the November 22, 2025, notice issued by the Centre-appointed Dargah’s Nazim.
The notice directed the removal of alleged encroachments within the dargah premises by November 27, warning that if they were not cleared, the Dargah Committee would remove the structures without any further notice.
The bench observed that the notice was “vague,” noting that though it warned of removal of structures without further notice by the Dargah Committee, such a committee had not yet been constituted by the government.
“The notice is as vague as it can get. You (Centre) just can’t go with a bulldozer and raze everything…Before taking any action in terms of the order dated 22/11/2025, principles of natural justice shall be adhered to giving show cause notice to the individuals and a reasoned decision shall be taken,” the bench said to Centre’s lawyer.
Justice Datta also directed the Centre to constitute the committee expeditiously. “It is directed that the Centre shall expedite the formation of a committee, as soon as possible, to obviate the present state of affairs,” the court said in its order.
In his petition, the Dargah’s Khadim, represented by senior advocate Shadan Farasat along with advocate Chayan Sarkar, had asserted that the Nazim, as per the Dargah Khwaja Saheb Act, was not empowered to take such a decision and the notice was issued arbitrarily without giving a chance of hearing to the stakeholders. The structures, including the Gaddi Nasheens, are 800 years old, the senior lawyer said. Farast further submitted that the orders could not have been passed in the absence of a Dargah committee, which is the sole body entrusted with the powers to manage the affairs of the Dargah and added that though the court had previously directed the Centre to constitute a committee in three months, in November, the same was yet to be formed.
Centre’s counsel, Amit Tiwari, argued that the decision to clear the structures stemmed from security concerns ahead of a festival scheduled for January, where approximately 5,000 pilgrims were expected to visit. He added that the area in question had been illegally encroached upon, as the occupants did not possess any documents to establish lawful occupation and also confirmed that the committee was yet to be constituted.
The matter will now be heard on February 23.
