Aurangzeb tomb: Since the release of the Bollywood film “Chhava” on Chhatrapati Sambhaji, there has been a demand to remove the grave of Mughal emperor Aurangzeb in Maharashtra. While Maharashtra Chief Minister Devendra Fadnavis has expressed his desire to remove Aurangzeb’s tomb in Khuldabad area of ​​Aurangabad district of Maharashtra, the Hinduist organizations of Maharashtra have warned of karseva in Babri style to remove the tomb. In such a situation, a large number of security forces have been deployed outside Aurangzeb’s grave.
The big question among all this is whether it is so easy to remove Aurangzeb’s grave? So the answer is in ‘no’ because this structure is preserved the Organic Survey of India (ASI) and also the property of Waqf. In such a situation, the state government will have to face many legal hurdles in removing it.
In 1958, a memorial of national importance was declared
According to the exclusive documents present with ABP News, by issuing gadget notifications on 11 December 1951, the Government of India declared the grave of Aurangzeb located in Khuldabad, Aurangabad, Ancient Monument and Archeological Sites Remains Act 1951. Was included in
What does the law say?
According to Section-19 of Ancient Monuments and Archaeological Sites and Remains Act (AMASR), it is illegal to break, delete and harm any protected monument and if a person does so, legal action will be taken against him under section-30, including a maximum of 1 lakh fine.
The right to remove the protected building for the Government of India ..
In such a situation, the Maharashtra government cannot legally remove Aurangzeb’s grave until the grave is preserved by ASI but ancient monuments and archaeological sites and remains act (AMASR) under which Aurangzeb’s grave gets protection, provides in section-35 of the same law that the government has lost its importance that the government has lost its importance that the government has lost its importance Any protected monument can be removed but it also has many screws.
Will have to delete the first protected list
According to the ASI rules, the state government, ASI circle to remove any monument protected from the conservation list, which is responsible for the preservation of the memorial or any one from any other government institution will have to give a proposal under ASI or the government under section-35 of the AMASR ACT to remove the memorial in the preservation list of the ASIRAT to be removed from the ASI.
Since the Maharashtra government has expressed his desire in the case of Aurangzeb’s tomb, the Maharashtra government will have to propose to remove the grave of ASI or the Ministry of Culture from the preserved list. After receiving the proposal from the state government, either the Central Government’s Ministry of Culture can remove the gadget notification under Section-35 and remove Aurangzeb’s grave from the list of preserved monuments or can take a decision based on their report by forming a committee of experts in other matters including archeology, history and other matters on the matter.
170 monuments removed from preserved list since independence
Since the implementation of the ASAMR Act in independent India, 170 monuments have been removed from the conservation list from 1958 to 1978, but the last case of removing a memorial was last in 1978 in 1978.
Not only this, in the year 2023, the Prime Minister’s Economic Advisory Council, in its report, advised ASI to re -prepare the list of monuments of national importance and remove the disappearance from the list of conservation and national importance, which has not been removed by the ASI or the Ministry of Culture even after 2 years today.
https://www.youtube.com/watch?v=tijhvypmlco
Now because Aurangzeb’s tomb is also a political matter and if the state government proposes to the Union Ministry of Culture or ASI to remove the tomb from the list of ASI and by implementing it, by issuing it by issuing the Aurangzeb’s grave by issuing Aurangzeb’s grave, it removes it under AMASR ACT’s section-35 from the list of protected samars Aurangzeb’s tomb will be legally removed and difficult.
Waqf’s property is also a screw
According to the exclusive reply provided by ABP News in January this year by Aurangabad Circle of ASI, Aurangzeb’s tomb located in Khuldabad, Aurangabad since 1951, ancient monuments and archaeological sites and Archaeological Sites and Remains Act (AMASR), along with a reserved monument by the year 1973 Waqf property is also declared.
In such a situation, where Aurangzeb has a dual ownership on the grave, if ASI’s grave is removed from the preserved list, then its entire control will come to the Waqf Board and the Government of Maharashtra cannot destroy Aurangzeb’s grave under Section 51A and 104A of Waqf Act.
Have to prove that this waqf is not property
In such a situation, to destroy the grave of Aurangzeb, the grave land should be owned by the Government of Maharashtra and there are two methods of this, either under Section 51 of the Waqf Act, by taking the approval of two -thirds of the Waqf Board members, the Maharashtra government will have to acquire Aurangzeb’s grave or will prove to be proven by putting a petition in Aurangzeb or by putting a petition in the Waqf Tribunal or Court. It has to be done that the grave government is formed by occupying the land. In such a situation, it is clear that the Maharashtra government has many legal obstacles and obstacles in removing or destroying the grave of Aurangzeb.
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