A new controversy has erupted over demands to remove the tomb of Mughal emperor Aurangzeb located in Khuldabad, Maharashtra. Several Hindu organizations have protested against the move, while some leaders within the Maharashtra government have voiced their support for its removal.
Mumbai: A new controversy has arisen regarding demands to remove the tomb of Mughal emperor Aurangzeb situated in Khuldabad, Maharashtra. Several Hindu organizations have staged protests, and some Maharashtra government leaders have supported the calls for its removal. Security has been heightened in the area due to this dispute. However, the question arises: Can the state government actually remove Aurangzeb's tomb? What legal processes would be involved? Let's understand this in detail.
Does the State Government Have the Authority to Remove the Tomb?
Aurangzeb's tomb in Khuldabad is a monument protected by the Archaeological Survey of India (ASI). It was included in the list of nationally important monuments under a government notification issued in 1951. Subsequently, under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR) of 1958, it was declared a fully protected structure.
According to this Act, no protected monument can be removed or damaged without the permission of the central government. Section 19 of the AMASR Act also provides for legal action against such violations. Therefore, the Maharashtra government does not have the direct authority to remove the tomb.
Who Then Has the Power?
If the Maharashtra government wishes to remove the tomb, it would have to propose its removal from the list of protected monuments to the Ministry of Culture or the ASI. The final decision on this proposal will be taken by the central government. If the Ministry of Culture permits its removal, it would cease to be a protected monument, after which the removal process could commence.
The Wakf Board's Claim and Legal Obstacles
Another crucial aspect is that since 1973, this tomb has also been registered as the property of the Maharashtra Wakf Board. Even if the ASI removes it from its protected list, the property would fall entirely under the Wakf Board's jurisdiction. In such a scenario, the government would have to prove that the land does not belong to the Wakf Board to find a way to remove it.
