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Delhi High Court Directs Centre to Hear Affected Individuals Before Demolishing Structures at Ajmer Sharif Dargah

 

Delhi High Court Directs Centre to Hear Affected Individuals Before Demolishing Structures at Ajmer Sharif Dargah

The Delhi High Court has intervened to stay any demolition at Ajmer Sharif Dargah until the persons likely to be affected are given a proper opportunity to be heard. The Court’s order came in response to a petition filed by a khadim of the Dargah, challenging a notice issued by the Centre on 22 November 2025 ordering removal of alleged unauthorised structures inside and outside the shrine premises.

The removal notice had directed that all alleged unauthorised, unapproved, or illegal encroachments — such as cupboards, boxes, ranks, shops, carpets and flags — be removed by 27 November. The notice warned that if these were not vacated by the deadline, they would be removed without further individual notice. The petition contended that the sweeping directive violated basic tenets of fairness because no opportunity was provided to those occupying the structures to respond.

Upon hearing the petition, the Court described the removal notice as “vague” and said that demolition cannot proceed purely on its basis. The Court emphasised that before any precipitous action — especially involving removal of property or structures — the authorities must follow the principles of natural justice: a specific show-cause notice must be issued to each affected party, an opportunity for hearing provided, and only thereafter a reasoned order passed. The Court noted that executing demolition without these procedural safeguards would be legally impermissible.

The Court also observed that the removal notice referenced a Dargah Committee that is yet to be constituted by the Central Government. The bench recalled that the Court had earlier directed the government to constitute this committee within three months. The absence of such a body raises serious questions regarding the authority of the Centre-appointed Nazim to issue demolition orders. Accordingly, the Court directed the government to expedite formation of the Dargah Committee as mandated by law.

Given the serious nature of the proposed demolitions — which reportedly include long-standing structures, some belonging to devotees and caretakers — the Court has restrained demolition pending further orders. The matter is now listed for further hearing on February 23, 2026, giving time for proper procedures to be followed and ensuring those affected are heard.

This order underlines the Court’s insistence on adherence to due process, due notice, and fair hearings before executing orders that may impact rights of individuals, especially in sensitive religious contexts.

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