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Delhi High Court restrains Centre from demolishing structures in Ajmer Sharif Dargah sans hearing

Delhi high court order: While passing interim directions, Justice Sachin Datta held that the principles of natural justice shall be adhered to before taking any precipitative action.

The court also directed the centre to expedite the formation of the Dargah Committee.The court also directed the centre to expedite the formation of the Dargah Committee. (Image enhanced using AI)

The Delhi High Court has restrained the Centre from demolishing structures in Ajmer Sharif Dargah without first giving a hearing opportunity to the affected persons.

While passing the interim directions, Justice Sachin Datta held that the principles of natural justice should be adhered to before taking any precipitative action.

“Before taking any precipitative action on the basis of the impugned order/notice dated 22.11.2025, the principles of natural justice shall be adhered to, and a specific show cause notice, followed by an opportunity of hearing and a reasoned order, shall be issued by the respondent no. 1, qua each party against whom action is proposed to be taken,” the court ordered.

The court also directed the Centre to expedite the formation of the Dargah Committee as contemplated under the Dargah Khawaja Sahib Act, 1955.

“The respondent no. 1 shall expedite the formation of the Dargah Committee as contemplated under the Act, 1955, inter alia, under Sections 4 and 5 thereof. Let the same be done as expeditiously as possible to obviate the present state of affairs,” the court said.

Case

The order came on a plea filed by Syed Meharaj Miya, a Khadim of the dargah, who had challenged the notice issued by the Ministry of Minority Affairs dated November 22 regarding removal of all “unauthorised, unapproved and illegal encroachments” in the dargah premises.

Shadan Farasat, senior counsel for the petitioner, had primarily raised two grievances. Firstly, it was contended that sweeping administrative actions, which infringe upon the fundamental rights of a large section of persons engaged/acting in different capacities in the Dargah, are being taken unilaterally by the Nazim, which was in contravention with the Dargah Khawaja Sahib Act, 1955.

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It was submitted that according to the statutory provisions, all administrative powers are vested exclusively in the Dargah Committee, and not the Nazim.

It was further argued that the actions have been undertaken in complete disregard of the principles of natural justice, without affording an opportunity of hearing to the affected persons.

The court has sought a reply within four weeks. It has listed the matter for further hearing on February 23, 2026.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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