Delhi High Court Asks Centre To Hear Affected Parties Before Demolishing Structures In Ajmer Sharif Dargah

The Delhi High Court on Monday directed the Central Government to hear the affected parties before demolishing any structures within and outside the premises of Dargah Khwaja Saheb in Ajmer.

Justice Sachin Datta directed that before taking any precipitative action on the basis of the removal notice issued on November 22, principles of natural justice shall be adhered to.

The Court said that a specific show cause notice, followed by an opportunity of hearing and a reasoned order, shall be issued by Centre qua each party against whom action is proposed to be taken.

The judge was dealing with a plea filed by Syed Mehraj Miya, challenging the removal notice issued by Union Ministry of Minority Affairs.

The notice said that all unauthorized, unapproved and illegal encroachments, including cupboards, boxes, ranks, shops, carpets and flags in the Dargah premises should be removed by November 27.

During the hearing today, the Court orally remarked that the impugned notice was vague and that the Central Government has to give the affected individuals a hearing before demolishing any structures.

“The notice is as vague as it can get….You just can't go with a bulldozer and….. If there is some structure, you will give them notice, no?” the Court said.

It was the petitioner's case that sweeping administrative actions were being taken unilaterally by the Nazim, which infringed upon the fundamental rights of a large section of persons engaged or acting in different capacities in the Dargah.

It was contended that the impugned actions were taken in complete disregard of the principles of natural justice, without even affording an opportunity of hearing to the affected persons.

The Court directed the Central Government to expedite the formation of the Dargah Committee as contemplated under the Dargah Khawaja Sahib Act, 1955.

It added that the same be done as expeditiously as possible to “obviate the present state of affairs.”

“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 said.

The matter will now be heard on February 23.

Title: SYED MEHARAJ MIYA v. UNION OF INDIA THROUGH THE MINISTRY OF MINORITY AFFAIRS & ORS

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