The Court docket was listening to a plea filed by Syed Meharaj Miya, the hereditary Khadim of the dargah, looking for instructions to the Union Ministry of Minority Affairs and the Workplace of the Nazim Dargah Committee to withdraw the order dated November 22.
It was acknowledged that the order directs demolition of a number of everlasting and non permanent constructions inside and outdoors the Dargah premises, together with the seats of the khadims, with out giving them any alternative of a good listening to.
Senior Advocate Shadan Farasat and advocate Chayan Sarkar appeared for the petitioner and stated that the constructions sought to be demolished aren’t encroachments.
Farasat acknowledged that at current, there isn’t a Dargah Committee to handle the shrine and the affairs of the shrine are being managed by a government-appointed Nazim who lacks the ability to concern such instructions.
“The Nazim is the secretary of the committee, he isn’t the one who takes the choice, he solely executes the choice. He has no energy. Committee will regulate my presence in Dargah however who’s he [Nazim]? He’s my delegatee he doesn’t have impartial powers of his personal. The brand new committee has not been constituted previously three yrs,” he submitted.
Central Authorities Standing Counsel (CGSC) Amit Tiwari appeared for the federal government and opposed the plea, stating that the petitioner had put up non permanent constructions.
“They’ve put up non permanent construction. There are critical obstructions and can create issues. Urs goes to be held and greater than 5 lakh folks will go to. The place is a single allotment of land? They’re encroaching. Dargah can’t be left like this. We’re doing all the pieces to safe the place. There isn’t a proper of their favour,” he stated.
Tiwari additional stated that the Nazim is in place and all of the powers of the committee are exercised by the Nazim.
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