Maharashtra: Court permits govt to carry out repairs to structures in disputed site at Durgadi Fort

“…subject to the condition that no new construction or reconstruction, changing the nature of the original structures or converting any structure from one religious characteristic to another religious characteristic shall be carried out,” the court said, adding that the repair work will be carried out under the supervision of the Public Works Department (PWD).

A civil court on December 10 had rejected the Muslim community’s claim over certain structures at the fort in Kalyan. It had said that the plea was filed beyond the time limit for such suits and hence cannot be considered. It also said that the state government has the ownership of the disputed site at the fort.

On January 2, while hearing an appeal filed the Majlis-e-Mushawarat, which had filed the suit claiming ownership of certain structures at the fort, the court directed a status quo, with directions that there shall be no construction activity at the disputed site, till the appeal is decided.

The government submitted that the original structures within the fort are damaged and need repairs immediately, and hence sought relaxation in the status quo order. The Majlis-e-Mushawarat office-bearers, through their lawyers, said that they had no objection to the court allowing the state government to carry out repairs. The court said that since the repair work is necessary, it can be carried out.

Multiple individuals had also come forward stating that such a direction should not be issued, citing the Supreme Court order in December that had barred civil courts from registering fresh suits challenging ownership and title of any place of worship. The Kalyan court said that the order is not applicable in this case as the suit did not seek any conversion of the place of worship in the fort.