‘You just can’t go with bulldozer and..’: Delhi HC to Centre in Ajmer Dargah case
The Delhi high court has restrained the Centre from demolishing structures in or around the Ajmer Sharif Dargah without first giving the affected persons an opportunity to be heard
The Delhi high court on Monday restrained the Centre from demolishing structures in or around the Ajmer Sharif Dargah, saying the government cannot just go with a bulldozer without first giving the affected persons an opportunity to be heard.
A bench of justice Sachin Datta, while dealing with a petition filed by Meharaj Miya, the Dargah’s Khadim (priest), challenging the November 22, 2025, notice issued by the Centre-appointed Nazim, said, “The notice is as vague as it can get. You (Centre) just can’t go with a bulldozer and might... everything out. If there is some structure, you (Centre) will give them (individuals) notice, no? 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 notice had directed the removal of alleged encroachments, including cupboards, boxes and shops within the dargah premises by November 27, warning that if they were not cleared within the stipulated time, the Dargah Committee would remove the structures without any further notice.
The bench observed that the notice warned of removal of structures without further notice by the Dargah Committee, but such a committee had not yet been constituted by the government. It then 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 its 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 affording a hearing to the stakeholders who are affected by such an order.
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 5000 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.
