The Rajasthan High Court directed the committee of the Durgah Khawaja Sahib to decide the representation of the petitioner seeking convenience facilities in Durgah Khawaja Sahib, Ajmer.
The Jaipur Division Bench of Chief Justice Pankaj Mithal and Justice Anoop Kumar Dhand disposed of a PIL seeking direction upon the respondents to construct convenience facilities such as toilets for males and females at the parcel of land Solah Khambha of Durgah Khawaja Sahib, Ajmer and for a further direction upon the respondents not to construct any commercial complex in the said premises.
The area of Durgah Khawaja Sahib, Ajmer is governed by the Durgah Khawaja Sahib Act, 1955 which is a self-contained code in itself. It provides that the committee constituted thereunder shall administer, control and manage the Durgah Endowment which shall be vested in a committee and that the said committee shall be a body corporate having perpetual succession and a common seal and shall sue and be sued in the name through its president.The aforesaid Act further provides that the Central Government on being satisfied that the committee is guilty of gross mismanagement in managing the affairs of the Durgah or has neglected to perform its functions, may supersede the said committee and entrust any person with the full powers of the committee until a new committee is constituted.
In view of the aforesaid provisions, the administration and the affairs of the Durgah are administered and controlled by the committee. Petitioners in connection with their above grievance regarding non-providing of the convenience facilities and regarding construction of commercial complex in the premises of the Durgah, has submitted a representation dated 28.02.2018 tothe said committee.
The counsel for the petitioners submitted that a map was duly sanctioned by the Municipal Corporation, Ajmer for the construction of facilities such as bathrooms, washrooms, toilets and waiting hall, but the respondents are not allowing the said constructions to be raised according to the said map and whatever constructions have been raised are de hors the sanctioned plan. It has been submitted that the property Solah Khambha where the constructions are proposed to be raised/raised is the property of Sajjada nashin and not of the Durgah Khawaja Sahib and therefore, a memorandum of understanding was reached between two authorities for the construction of the toilets etc.
While considering the Petition the Bench held that it need not enter into the aforesaid controversy, however, the High Court feel that in case, constructions have to be raised on any part of the premises of the Durgah or the adjoining land, the same have to be in accordance with the sanctioned plan and it is the duty of the Municipal Corporation, Ajmer to ensure that no construction in the area is raised otherwise then in accordance with the law and the sanctioned building plan.
In view of the aforesaid facts and circumstances, the High Court disposed of the petition with a liberty to the petitioners to make a comprehensive representation in furtherance of its earlier representation dated 28.02.2018 to the committee of the Durgah Khawaja Sahib within a period of two weeks .
“In case,any such representation is filed, the committee shall consider the same in accordance with the law and pass a speaking order and dispose of the same as expeditiously as possible. At the same time, the petitioners are set at liberty to move to the Municipal Corporation, Ajmer to ensure that no constructions are raised in the premises or the adjoining area without the proper sanction of the building plan or in violation of the existing sanctioned plan. In the event, any such representation is made to the Municipal Corporation, Ajmer, the same shall be considered in accordance with law most expeditiously”, the order read.