Madhya Pradesh HC Sets Aside Waqf Board’s Claim On Monuments In Burhanpur

The Madhya Pradesh High Court has invalidated a decision by the MP Waqf Board that claimed ownership of several historic monuments in Burhanpur district, including the tombs of Shah Shuja and Nadir Shah.

On July 19, 2013, the MP Waqf Board had declared the Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib’s Masjid, and a palace in Burhanpur Fort as its property. This declaration was contested by the Archaeological Survey of India (ASI), which argued that these monuments are protected under the Ancient Monuments Preservation Act, 1904, and are central government properties.

On July 26, Justice GS Ahluwalia of the High Court ruled that the MP Waqf Board’s CEO had erred in ordering the ASI to vacate the sites. Justice Ahluwalia emphasized that the monuments in question are ancient and protected, and thus the CEO’s directive was a material illegality.

The court’s decision annulled the July 19, 2013, order by the MP Waqf Board CEO. The High Court affirmed that the Tomb of Shah Shuja, Tomb of Nadir Shah, and Bibi Sahib’s Masjid are significant historical monuments under ASI’s protection and conservation.

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