HC directs Thane civic body to complete demolition of illegal mosque

“It is the settled position of law that, in a democratic state, a person/group of persons or an Association cannot be even permitted to say that, it will not follow the law of the land and will oppose it on any ground. In such circumstances, it is the duty of the law enforcers to make such person/persons/association to abide by the law of the land,” a bench of Justices Ajey S Gadkari and Kamal R Khata noted in an order on March 10.

The bench passed an order on a plea by New Shree Swami Samarth Borivade Housing Company Private Limited, who alleged that a ground plus one structure consisting of a mosque and a prayer hall was illegally and unauthorisedly constructed on a land belonging to petitioner and falling within the purview of TMC.

The petitioner through advocate Kunal Dwarkadas had submitted that since 2013, one Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust encroached upon its land and constructed the structure in question.

Assistant Commissioner and Designated Officer of TMC, through an order of January 27, directed the Trust to demolish the structure within 15 days, failing which further steps would be taken as per law.
On February 20, the HC was informed that demolition work of the offending structure was being undertaken and a compliance report would be filed by TMC.

On March 4, however, the TMC informed the HC that while partial demolition was carried out, further work could not be undertaken due to resistance from the followers/devotees offering prayer at the said structure.

The court had expressed “strong displeasure” over TMC officers’ conduct and said no plausible explanation could be offered by TMC as to why an entire structure of not more than 3,600 square feet could not be demolished within four working days.

It had earlier observed that it appeared officers concerned were “deliberately protecting the illegalities” committed by respondent Trust and its Trustees.

On March 10, senior advocate Ram Apte submitted that balance work will be completed within four weeks after the conclusion of the Ramzan month. He said the TMC has initiated disciplinary action against erring officers and further inquiry will be conducted as per service rules.

The court also expressed ‘wonder’ as to what steps the TMC officers took to prevent construction of such a huge structure, despite the petitioners having written to the civic body in that regard.

After senior advocate S S Patwardhan for respondent trustees submitted that they will not oppose demolition work, the bench directed the TMC to complete the same after completion of Ramzan month.