SC stays demolition of Thane dargah for 7 days
17-Jun-2025 04:18 PM 7905
New Delhi, June 17 (Reporter) The Supreme Court on Tuesday intervened in an ongoing legal tussle over the demolition of a religious structure in Thane, Maharashtra, by ordering a temporary halt to any further action for seven days. The order provides the Pardeshi Baba Trust, which manages the structure, time to move the Bombay High Court with a recall plea against its earlier demolition directive. A vacation bench of justices Sandeep Mehta and Prasanna B. Varale passed the interim order while hearing a petition challenging the Bombay High Court’s decision to demolish alleged unauthorised portions of a dargah that had expanded significantly from an initial 160 sq. ft. to over 17,600 sq. ft. without municipal sanction, on private land. The High Court, while deciding a writ petition earlier, had criticised both the Trust and the Thane Municipal Corporation (TMC), describing the structure’s expansion as “unscrupulous” and censuring the municipal body for submitting “evasive affidavits.” Appearing for the Trust, Senior Advocate Huzefa Ahmadi argued that the High Court was not informed of a critical development: the dismissal of a civil suit related to the property in April 2025. He claimed this information was either overlooked or inadequately presented before the High Court, which could have impacted the outcome. Ahmadi also submitted that the contested construction area was only 3,600 sq. ft., not the entire 17,610 sq. ft. as assumed by the High Court. Countering these claims, Senior Advocate Madhavi Divan, representing the private landowner, accused the Trust of exploiting religious sentiments to encroach upon private property. She cited municipal records confirming the illegality of the entire structure and alleged that parts of the demolished premises had been reconstructed, showing defiance of judicial orders. “This is private land, not public property. When were you granted permission to carry out construction over 17,000 square feet? Where is the approval?” Divan questioned during the hearing. The bench noted the confusion surrounding the facts and the incomplete execution of the March 10, 2025, demolition order. Justice Mehta observed that the High Court might have taken a different view had it been made aware of the civil suit’s dismissal. Calling the omission “embarrassing,” the Court said it was inclined to allow the Trust to approach the High Court with a recall application. “We are inclined to give them liberty to file a recall application in light of the High Court’s omission to consider the fact of the suit’s disposal… We will protect them for seven days,” the Court stated, while clarifying that no opinion had been formed on the legality of the remaining construction. The court made it clear that if the Bombay High Court refuses to entertain the recall plea, the Trust would be at liberty to return to the Supreme Court for further relief...////...
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