Delhi High Court.
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New Delhi: The Delhi High Court on Monday directed the Centre to give a hearing to affected persons before taking any precipitative steps, including dismantling and demolishing structures within and outside the premises of Dargah Khwaja Saheb in Ajmer.
The court also directed the Union Ministry of Minority Affairs to expedite the formation of Ajmer Sharif Dargah Committee.
"Let the same be done as expeditiously as possible," Justice Sachin Datta said.
The court said before taking any precipitative steps on the basis of authorities' November 22 order, the principles of natural justice shall be adhered to followed by an opportunity of hearing and a reasoned order shall be issued to each of the parties.
The court was hearing a plea by Syed Meharaj Miya, a 'khadim' of the dargah, seeking quashing of an order issued by the ministry on November 22 for the removal of unauthorised, unapproved and illegal encroachments in the dargah premises.
The counsel for the Centre said there are illegal encroachments and temporary structures have been created in the courtyard in which people have put in tables and chairs. He said these people will bring their goods and sell them here which will cause obstructions to the devotees.
"There is a security concern. We are supposed to secure the place. A festival is going to be celebrated at the dargah this month and five lakh people are expected to visit," the Centre's counsel submitted.
To this, the court said, "What about compliance with principles of natural justice before you remove something. You cannot just go with a bulldozer and wipe everything out." The court said on November 6 that had directed the government to expedite the process of appointment of the members of the dargah committee, preferably within three months.
"You can't sit on it. I gave you three months, that does not mean you will do it on the 90th day. Till then if you want to take any precipitative step, you have to give an individual notice to the person concerned," the judge said.
The petitioner's counsel contended that the authorities have ordered sweeping administrative action infringing upon the fundamental rights of a large section of persons.
He said the impugned actions are sought to be taken in utter denial of the principles of natural justice without even affording an opportunity of hearing to the affected parties.
The court listed the matter for further hearing on February 23.