Setback For Waqf Board As Madhya Pradesh High Court Upholds ASI's Claim On Historical Monuments In Burhanpur

The Madhya Pradesh (MP) Waqf Board's claim to historical monuments in the Burhanpur district was set aside by the High Court, giving relief to the Archaeological Survey of India (ASI).

In an order dated 19 July 2013, the MP Waqf Board declared the Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib's Masjid and some space near the fort of Burhanpur as its property.

This was challenged by the ASI based on the argument that these structures are protected monuments under the ASI as per the Ancient Monuments Preservation (AMP) Act 1904.

As per The Hindu, it was also argued that they are the property of the Central government and hence, cannot be claimed by the Waqf Board.

A single-judge bench of Justice G S Ahluwalia accepted the ASI's argument and said, "The property in question is an ancient and protected monument duly notified under the AMP Act 1904."

"CEO, MP Waqf Board committed a material illegality by directing the petitioner to vacate the same. The order dated 19.07.2013 passed by the MP Waqf Board CEO is set aside," he concluded.

The order noted, "The Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib's Masjid situated at the Fort of Burhanpur are also ancient and protected monuments."