SC grants four week status quo on proposed demolition of dargah near Mumbai
Swati Deshpande
Mumbai: The
Supreme Court
Bench, headed by Chief Justice of India Bhushan Gavai, on Monday granted a four-week status quo over claims of a proposed demolition near dargah at Uttan, near Mumbai. A petition filed by
Balepeer Shah Charitable Trust
stated that on May 16, the vacation bench of Bombay HC declined to intervene, but one of its members was informed of the impending demolition on May 20.
The HC vacation bench of Justices Kamal Khata and Arif Doctor declined to intervene, stating that urgency was not made out since no demolition notice was issued by the state authority to the trust. The trust then moved the SC for orders to direct the state to follow due process of law. Its counsel, V Navarre, with advocate Prashant Pandey, contended there was an impending threat of demolition of the structure, which was in existence for more than eight decades.
The urgency was wrongly ignored by the HC, said lawyers for the Trust, citing a notice dated May 15, 2025, received by its member from a senior police inspector of Uttan Sagari police station of the Mira Bhayandar and Vasai Virar commissionerate under Section 168 of BNSS. The notice stated that the state govt declared the unauthorised construction of the dargah would be removed on or before May 20, 2025, and that the members of the petitioner's trust were warned against creating any law and order situation.
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Recently, revenue minister Chandrashekhar Bawankule, in response to a question raised on the issue of the dargah by legislator Niranjan Davkhare in the state Legislative Council, assured its demolition. It has been alleged that the Bale Shah Peer Charitable Trust encroached upon protected mangrove belts located on govt-owned land parcels near the sensitive Chowk jetty in Uttan near Bhayandar. The Trust denied the allegations and said the HC erred by "adopting a hyper-technical approach" and ignored the fact that the police authorities stated in their notice that the authorities would remove the structure and render its plea before the court infructuous unless a stay is granted.
The Dargah is of "Hazrat Sayyed Peer," the Trust said.
The trust also informed the SC that Bawankule mentioned before the Maharashtra state assembly on March 29, 2025, that the structure would be demolished. The trust has already approached the chief minister, revenue minister, and the state secretary and has claimed it is being arbitrarily targeted by the govt without following the due process of law. Fearing it may be too late if illegally demolished, the trust sought a stay from the SC.
The top court posted it after a month but said a status quo would be maintained till the matter is heard.
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