Madhya Pradesh HC sets aside Waqf Board's claim on monuments in Burhanpur

Jabalpur: The Madhya Pradesh High Court has set aside an order of the Madhya Pradesh Waqf Board claiming ownership of some of the prominent historical monuments in Burhanpur district, including the tombs of Shah Shuja and Nadir Shah.

The MP Waqf Board in an order on July 19, 2013, declared the Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib's Masjid and a palace situated in the fort of Burhanpur as its property.

The Archaeological Survey of India (ASI) had challenged the order on ground that the ASI was protecting these monuments, and they were properties of the central government.

The ASI is protecting these structures declared under the Ancient Monuments Preservation Act, 1904, its counsel said.

On July 26, a single bench of Justice G S Ahluwalia said, "The property in question is an ancient and protected monument duly notified under the Ancient Monuments Preservation Act, 1904 and therefore, CEO, MP Waqf Board committed a material illegality by directing the petitioner to vacate the same."

The order dated July 19, 2013, passed by the MP Waqf Board CEO is set aside, the high court said.

"There are various ancient monuments and archaeological sites which are under the protection and conservation of the petitioner (ASI) in various places across the country which are glorious heritage of the ancient time and history of the country," it said.

"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," it noted.