Afford trustees of Sayed Pir Dargah Trust appropriate opportunity to be heard: Gujarat HC to City Survey Superintendent
In his plea before the HC, Sayed Pir Dargah Trust, through its Trustee (Mutawalli) Ikbal Mirza said that the Sayed Pir Dargah, also known as the Ali Masjid, stands adjoining the graveyard and that the Trust is managing the graveyard.
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The petition contended that the City Survey Superintendent “has considered the applications of the Vishwa Hindu Parishad (VHP) and Bajrang Dal, and directed the petitioner to remain present for admeasurement of lands of kabrastan” on Saturday. (File Photo)The Gujarat High Court on Friday directed the City Survey Superintendent of Kapadvanj Taluka in Kheda district to “afford an appropriate opportunity” to the trustees of the Sayed Pir Dargah Trust to be heard, while the District Inspector Land Records (DILR) on Saturday carries out the measurement of some government lands that have been in use as kabrastan (graveyard). This follows protests raised by local outfits against the construction of a compound wall being undertaken by the trust.
Justice NS Kariel was hearing an urgent petition moved by the Sayed Pir Dargah Trust, through its Trustee (Mutawalli) Ikbal Mirza, including as respondents the state of Gujarat, Kheda District Collector, Deputy Collector Kapadvanj, City Survey Superintendent of Kapadvanj Taluka, and the DILR of Kheda district. The petition contended that the City Survey Superintendent, by way of a September 11 letter written to the DILR, has “illegally and without hearing the petitioner” sought measurements of the government lands, which have been used as a graveyard “since time immemorial”.
The petition contended that the City Survey Superintendent “has considered the applications of the Vishwa Hindu Parishad (VHP) and Bajrang Dal, and directed the petitioner to remain present for admeasurement of lands of kabrastan” on Saturday. In his plea before the HC, Mirza said that the Sayed Pir Dargah, also known as the Ali Masjid, stands adjoining the graveyard and that the Trust is managing the graveyard.
The petitioners had pointed out that they were building the compound wall “adjacent to the earlier compound wall” to “prevent encroachment and for maintaining law and order”.
Assistant Government Pleader, appearing on behalf of all five respondent authorities, informed the court on Friday that a notice had been issued to the Trust, calling upon an administrator of the Ali Masjid to remain present “along with appropriate documents at the time of site inspection, more particularly along with the persons who are in know of the facts” and there is “no reason for the (trust) to apprehend” that they would not be given an opportunity to present their stand.
In an oral order uploaded on Friday, the court said, “…While it is true that notice has been issued to the present petitioner, but, at the same time, considering the nature of dispute, this Court deems it appropriate to direct the (City Survey Superintendent, Kapadvanj Taluka) herein to, while carrying out the site inspection and measurement of the land on September 21 or any day thereafter, afford an appropriate opportunity to the petitioner or any person present on behalf of the petitioner…”
The court further stated, “Any objection, which may be raised by the petitioner at the time of site inspection, may be appropriately dealt with by the authority concerned. It is clarified that all actions taken by the (City Survey Superintendent) shall strictly be in accordance with law.”
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