Durgadi fort dispute: State duty-bound to maintain law and order, says Kalyan court, rejects Muslim trust’s claim

“As the suit property is owned by defendant no. the 1-state government is competent to look after and take care of the said historical place. As two communities are claiming their rights over the suit property, the state government is duty-bound to maintain law and order. Therefore, defendant no. 1, will not allow to make any additional construction by any community that will disturb the law and order… it is competent to take care of any eventuality,” said civil judge senior division, A S Lanjewar, in his order, made available on Thursday.

The court added that there is no requirement to give further directives to the state government or to extend the status quo order passed on October 3, 1984.

The court also said that as the fort is a historical place, the state does not have exclusive authority to make any additional construction on the suit property.

On Tuesday, the trust’s suit, pending since 1976, was rejected by the court, which said that since the plea was filed eight years after the state government’s action of dispossession in 1968, the suit was “barred by limitation”, that it was filed beyond the limited time for such suits.

The trust had claimed ownership of a mosque, idgah wall, prayer ground and a well within the fort premises.

After the court rejected the suit, the trust sought a status quo or fresh prohibitory orders till appeal period is over, submitting concerns of changes made to the nature of the property.

The plea was opposed by the state. The court said that the state government has been permitted to carry out repairs under the supervision of the Public Works Department as the fort is a historical site.