MP HC Sets Aside Waqf Board's Claim on Monuments in Burhanpur

The Madhya Pradesh High Court has overturned the MP Wagf Board's claim of ownership over ancient monuments in Burhanpur, ruling that the ASI has rightful protection and control over these sites. The court cited the Ancient Monuments Preservation Act 1904, which governs the protection of these heritage sites.

Jabalpur: The Madhya Pradesh High Court has set aside an order of the MP 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 had challenged the order on the ground that the ASI was protecting these monuments and that 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 GS 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 19.07.2013 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 the glorious heritage of the ancient time and history of the country," it said.

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