The Delhi High Court on Monday restrained the central government from demolishing any structures in and around Ajmer Sharif Dargah, including the seats of the Gaddi Nasheens, saying the demolition activity cannot be based on vague notices.
The court further said that the government cannot simply bring in bulldozers and raze everything without giving affected individuals an opportunity to be heard. "You can't just go with a bulldozer and wipe it off. Your notice is as vague as it gets," said Justice Sachin Dutta.
He stated that before the government can demolish any buildings or structures at the Ajmer Sharif Dargah, which is the 13th-century Sufi shrine, it must first serve ‘show cause’ notices to the people affected.
"Before taking any action in terms of the order dated 22/11/2025, principles of natural justice shall be adhered to, giving a show cause notice to the individuals and a reasoned decision shall be taken," the bench said.
The lawsuit was filed by Dargah's Khadim (caretaker of the shrine). His lawyers, senior advocate Shadan Farasat and Chayan Sarkar, argued that the Nazim lacked the legal power under the Dargah Khwaja Saheb Act to issue demolition notices. They said the notice was arbitrary and did not give the stakeholders a chance to be heard.
The lawyers stated that the structures in question, including those belonging to the Gaddi Nasheens, are around 800 years old. They also said that the Dargah Committee had not yet been formed, even though the court had earlier directed the government to do so within three months.
"Without the committee, the Nazim is nobody. Nazim is only a delegatee. Why don't you constitute a committee? You can't sit on it; you have to institute the committee. An order directed three months does not mean you will constitute a committee on the ninetieth day," Justice Datta said.
On the other hand, the Centre's lawyer, Amit Tiwari, argued that the demolition plan was 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 because the occupants did not have proper documents to prove lawful ownership.
In November, the central government, via a notice by its appointed official (Nazim), ordered the removal of ‘alleged encroachments’ within the Dargah premises.
The notice gave a deadline, November 27, to clear them, warning that everything would be removed without further notice if the deadline wasn't met.
