Bombay HC Refuses To Recall Demolition Order For Illegal Dargah Structure On Encroached Land In Thane

Mumbai: The Bombay High Court has refused to recall its earlier order directing demolition of an allegedly unauthorised Dargah structure in Thane. The court has dismissed a plea by the Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust. The Trust had sought to overturn the May 30 order, claiming that crucial facts had been overlooked.

Trust Accused Of Usurping Over 17,000 Sq. Ft. Land Without Approval

A bench of Justices Ajay Gadkari and Kamal Khata, in an order dated July 9, observed that the Trustees had “usurped” private land and expanded the Dargah from 160 sq. ft. to over 17,000 sq. ft. without any civic permissions. The detailed order copy was made available on July 22.

“In our view, the Applicants have neither paid any consideration for acquisition of the land nor have taken any permission for constructing the structure. It is clearly a usurpation of rights,” the court remarked, rejecting the Trust’s reliance on a public notice by the Assistant Charity Commissioner to claim ownership.

‘Mob Footfall Doesn’t Legalise Encroachment,’ Court Asserts

The bench reiterated its earlier findings, noting that “mob fury” or mere “footfalls of people on a particular piece of land” do not establish the legality of a structure. “This is a classic case of usurpation of land, and for such a method, the Court cannot grant its imprimatur,” it added.

SC Had Allowed Trust To Reapproach HC; Plea Still Rejected

The demolition was originally upheld by the High Court on April 30. However, the Supreme Court later granted the Trust liberty to approach the High Court afresh, pointing out that a civil court ruling dismissing the Trust’s suit had not been brought to its notice.

Civil Court Had Already Rejected Trust’s Ownership Claim

Responding to this, the Trust filed an interim application asserting that the Dargah existed on the site before 1982. But the High Court found that the Trust had failed to produce any documents proving ownership or municipal approval for construction.

The judges referred to the April 5 civil court judgment, which found that the Trust had encroached upon private land and failed to establish ownership by conveyance or adverse possession. Notably, the Trust had itself admitted in those proceedings that the Dargah referred to in the 1982 government gazette was on a different property.

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TMC Issued Multiple Notices, Received No Response

Rejecting arguments of procedural unfairness, the bench noted that the Thane Municipal Corporation had given the Trust ample opportunity to respond to demolition notices but received no reply.

“A party coming to Court must come with clean hands,” the judges stressed. “Admittedly, the so-called structure has been increased to a humongous structure of more than 20,000 sq. ft… Such a party cannot claim any equities.”