India: Madhya Pradesh High Court Reaffirms ASI’s Control Over Historic Monuments, Overturns Waqf Board Claim

The Madhya Pradesh High Court has overturned the Waqf Board’s claim to several historic monuments, including the Tomb of Shah Shuja and Bibi Sahib’s Masjid, Muslim Mirror reported yesterday.

In 2013, the Waqf Board directed the Archaeological Survey of India (ASI) to vacate these sites, asserting they were Waqf properties. The ASI contested this, citing the Ancient Monuments Preservation Act of 1904, which protects these sites.

Justice GS Ahluwalia ruled that the Waqf Board had committed a material illegality by issuing the eviction order, emphasizing that once a property is declared an ancient monument, it cannot be classified as Waqf property. The court criticized the Waqf Board for failing to present complete documentation and noted that properties under the Ancient Monuments Act are owned and maintained by the Government of India.

The court ultimately set aside the Waqf Board’s 2013 order, reaffirming ASI’s control over the monuments and their protected status.