The Madhya Pradesh High Court has quashed the order dated 19/07/2013 passed by the CEO, M.P. Waqf Board declaring protected ancient monuments Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib’s Masjid, The Palace situated in the Fort of Burhanpur as the Waqf property.
These property is spread in area around 4.448 hectares (10.99 acres) is mentioned under Khasra No. 433 if village Emagird, Patwari halka No. 44A in district Burhanpur of Madhya Pradesh.
The Archaeological Survey of India (ASI) has challenged the order of 19/07/2013 CEO MP Waqf Board declared these protected and ancient monuments as waqf property and directed it (ASI) to vacate these property.
As per law, the ASI is protecting ancient monuments Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib’s Masjid, The Palace situated in the Fort of Burhanpur.
By notification issued on 15/01/1913, Chief Commissioner in exercise of power under Section 1(1) of Ancient Monuments Preservation Act, 1904 was pleased to declare Tomb of Shah Shuja,
Tomb of Nadir Shah, Bibi Sahib’s Masjid, The Palace situated in the Fort of Burhanpur as Ancient monuments.
Thereafter by notification published in Central Provinces Gazette dated 18/04/1925.
The ASI challenged the order of the CEO, M.P. Waqf Board declared these protected and ancient monuments as waqf property.
It is submitted by counsel for petitioner that once the property in dispute is already declared as ancient and protected monument under the Ancient Monuments Preservation Act, 1904, then the same cannot be declared as a waqf property.
Justice GS Ahluwalia observed “this Court is of considered opinion that it cannot be said that by virtue of notification issued under the Waqf Act, the property in dispute has become a waqf property”.
There are various ancient monuments and archaeological sites which are under the protection and conservation of petitioner in various places across the country which are glorious heritage of ancient time and history of country. Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib’s Masjid situated at the Fort of Burhanpur are also ancient and protected monuments, the petitioner ASI’s counsel said.
The Court allowed the petition filed by the ASI.
