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The court further said that the government cannot just bring bulldozers and demolish everything without giving the affected persons a chance to be heard. Justice Sachin Dutta said, “You cannot just go with a bulldozer and erase it. Your notice is that vague.”
He said before the government can demolish any building or structure at the Ajmer Sharif Dargah, a 13th-century Sufi shrine, it will first have to serve a ‘show cause’ notice to the affected people.
“Before taking any action in terms of the order dated 22/11/2025, the principles of natural justice will be followed, show cause notice will be given to the persons and a reasoned decision will be taken,” the bench said.
The case was filed by the Khadim (caretaker of the shrine) of the Dargah. His lawyers, senior advocate Shadan Farasat and Chayan Sarkar, argued that Nazim did not have the legal power to issue the demolition notice under the Dargah Khawaja Sahib Act. He said the notice was arbitrary and did not give an opportunity to the stakeholders to be heard.
The lawyers said the structures in question, including the Gaddi Nashik buildings, are about 800 years old. He also said that the Dargah committee has not been constituted yet, while the court had earlier directed the government to do so within three months.
Justice Dutta said, “Without the committee, the Nazim is nobody. The Nazim is only a representative. Why don’t you constitute a committee? You cannot sit on it; you have to constitute the committee. Three months’ direction does not mean that you will constitute a committee on the ninetieth day.”
On the other hand, the Centre’s counsel, Amit Tiwari, argued that the demolition was planned due to security concerns as a major festival, Urs, was scheduled for January, with over 5 lakh pilgrims expected. He also said that the structures were illegal encroachments as the occupants did not have proper documents to prove legitimate ownership.
In November, the central government, through a notice by its appointed officer (Nazim), ordered removal of ‘alleged encroachments’ within the Dargah complex.
The notice gave a deadline of November 27 to remove them, warning that if the deadline was not met everything would be removed without any notice.
(edited by : Sudarshan Mani,