ASI & District Administration To Protect Monuments Of National Importance: Madhya Pradesh High Court Denies Permission To Perform Urs & Namaz At Muhammad Ghaus Dargah

The Appeal before the High Court was filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dismissing the Writ Petition filed by the appellant.

The Single Bench of Justice Anand Pathak & Justice Hirdesh observed, “In fact it is the duty of the ASI and District Administration to protect this monument of National Importance with utmost care and strictness so that such ancient monument carrying History and Culture into its ambit, be preserved for posterity.”

Advocate Ashish Srivastava represented the appellant while Dy. Solicitor General Praveen Kumar Newaskar represented the Respondents.

Factual Background

The petitioner is Sajjada Nashin of Dargah Hazrat Sheikh Muhammad Ghaus and as submitted, he is the legal heir of Hazrat Sheikh Muhammad Ghaus. According to the petitioner in the Dargah of Hazrat Sheikh Muhammad Ghaus, various religious and cultural activities have been performed for over the last 400 years. However, subsequent to the Archaeological Survey of India (ASI), declaring the Dargah as a protected monument, such activities have been prohibited or curtailed. Those activities include Urs (Jalsa) and Namaz.

In 2024, the petitioner submitted an application to the ASI requesting for permission to perform Urs at Dargah but the said permission was denied saying that the said premises is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Act of 1958) and as per the Rules it can only be opened from Sunrise to Sunset. As per Ancient Monuments and Archaeological Sites and Remains Rules, 1959 (hereinafter referred to as “the Rules of 1959”) no such permission can be granted. It was further mentioned that as per Section 30 of the Act of 1958 and Rule 8 of the Rules of 1959, any such act would be punishable with two years imprisonment with fine of Rs 1 lac. Therefore, a writ petition was filed by the petitioner in September 2024.

Reasoning

Considering the fact that the tomb of Muhammad Ghaus (premises including tomb of Tansen also) was declared ancient monument of national importance purportedly under Section 4(3) of the Act of 1958 and since then it was maintained by the Central Government/ASI, the Bench said, “If petitioner is permitted to conduct Urs and Namaz then certainly as alleged by respondents/Union of India, structure would suffer spoilation/damage where tents would be installed, hammering nails would be fixed, lights would be fixed, thus causing degradation, spoilation, pollution and desecration.”

Section 19 of the Act of 1958 puts restrictions on the enjoyment of property rights in protected areas. Therefore, no person, including the owner or occupier of a protected area, shall construct any building/or make an operation within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof. It was further noticed that the ownership issue was rejected by the Courts below after conducting regular trials. “Therefore, on this point also when owner of property has restriction on enjoyment of property right in protected area then the person like petitioner has no right whatsoever of stay in the protected area or to cause any mischief as alleged by the respondents”, it said.

Thus, finding no merit in the Petition and holding that the ASI rightly rejected the application of the petitioner, the Bench dismissed the Appeal.

Cause Title: Shri Sabla Hasan v. The Union of India & Ors. (Case No.: WRIT APPEAL NO. 1111 of 2025)

Appearance

Appellant: Advocate Ashish Srivastava

Respondent: Dy. Solicitor General Praveen Kumar Newaskar, Additional Advocate General Vivek Khedkar 

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