'Taj Mahal... Entire India Next'?: MP High Court Questions Waqf Board's Ownership Claim On Ancient Monuments

The Madhya Pradesh High Court on Monday overturned the MP Waqf Board's claim over historic monuments. The court humorously questioned, "Why not claim the Taj Mahal as Waqf property? Tomorrow you might say the entire India is Waqf property," while rejecting the MP Waqf Board's assertion of ownership over Burhanpur Fort, which covers approximately 4.448 hectares. The court declared, "The MP Waqf Board has no right over three Mughal-era properties in Madhya Pradesh."

The High Court dismissed the MP Waqf Board's order that sought ownership of notable historical monuments in the Burhanpur district, including the tombs of Shah Shuja and Nadir Shah. On July 19, 2013, the MP Waqf Board had proclaimed the Tomb of Shah Shuja, Tomb of Nadir Shah, Bibi Sahib's Masjid, and a palace within Burhanpur Fort as its property.

The Archaeological Survey of India contested this order, asserting that these monuments were under its protection as properties of the central government, safeguarded under the Ancient Monuments Preservation Act, 1904.

Justice GS Ahluwalia of the single bench stated on July 26, "The property in question is an ancient and protected monument officially recognized under the Ancient Monuments Preservation Act, 1904, and thus, the CEO of the MP Waqf Board committed a significant illegality by ordering the petitioner to vacate it."

The High Court annulled the MP Waqf Board CEO's order dated July 19, 2013.

The court acknowledged, "There are various ancient monuments and archaeological sites under the protection and conservation of the petitioner (ASI) across the country, which are the glorious heritage of the nation's ancient times and history."

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