NEW DELHI: The Supreme Court on Tuesday ordered for maintaining status quo for seven days on demolition of an alleged illegal shrine (dargah) in Thane, Maharashtra.
A bench of Justices Sandeep Mehta and Prasanna B Varale directed the status quo while allowing the Pardeshi Baba Trust to seek a recall of a demolition order passed by the Bombay High Court.
A counsel, for one of the respondents, private landowners, accused the petitioner of engaging in systematic land encroachment under the guise of religion.
The counsel cited municipal reports confirming the illegality of the entire structure. He argued that the parts of the demolished structure had been rebuilt, while emphasising on the defiance of the order passed by the court.
On behalf of the petitioner, senior advocate Huzefa Ahmadi contended that the decision of the high court was not correct. The high court did not consider the fact that the civil suit filed in connection with the construction was dismissed in April 2025.
The bench was informed that only 3,600 square feet of construction was the issue, however the focus of the high court was on the entire 17,610 square feet, which exceeded the scope of the writ petition. The respondents' counsel submitted that this is a private land and not a public land.
The bench expressed concern regarding the lack of clarity on whether the March 2025 demolition directive was fully executed.
The court opined that the non-disclosure of the suit's dismissal was an issue and it might have led the high court to a different conclusion if disclosed earlier.
“We will remand the matter back to the high court to consider the fact that the suit has been decided and also consider the aspect whether the remaining construction is legal or illegal, and what steps should taken,” observed the bench, adding that “Or we ask them to file a recall. Let them file a recall”.
The respondents counsel pointed out that 65 labourers and 10 officers had gone for the demolition and asked, “is it necessary to take 65 labourers for 3,600 square feet?”
The bench said it is not going on numbers but there has to be some determination. The counsel said PWD has made the determination of 17,000 square feet.
“Whether the PWD has given them any notice of demolition? Whether any one has given them a notice of demolition,” the bench asked.
The bench further sought to know of there is any area of construction specified in the demolition notice.
Upon hearing the submissions, the bench allowed the petitioner to file a recall application before the high court to consider the omitted fact.
If the high refuses to hear the recall application, the petitioner can move before the apex court, the bench clarified.
“We will protect them for 7 days, whatever remains (of the construction) we will protect," the bench said. The respondents counsel argued that in the past they have misused to reconstruct.
The bench also made it clear that they cannot be allowed to do anything on that structure. The bench said it will pass a detailed order in the matter.
The high court had ordered the demolition of the unauthorised portions, slamming the petitioner for "unscrupulous" expansion and the Thane Municipal Corporation for evasive affidavits.
