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SC orders ‘status quo’ on demolition action against dargah in Thane

It issued notice to the respondent Maharashtra government and noted, "Until the next date of hearing, the parties are directed to maintain status quo as of today (Monday)"

ThaneThe court was hearing a plea by the Dargah Trust which challenged the May 16 order of vacation bench of the Bombay High Court (archive)

The Supreme Court on Monday ordered status quo on the proposed demolition action against constructions at Bale Shah Peer Dargah in Uttan in Thane district.

The court was hearing a plea by the Dargah Trust which challenged the May 16 order of vacation bench of the Bombay High Court which found that no urgency was made out in the Trust’s plea.

A bench of Chief Justice of India (CJI) B R Gavai and Justice Augustine Masih posted a hearing on plea by Balepeer Shah Charitable Trust after four weeks.

It issued notice to the respondent Maharashtra government and noted, “Until the next date of hearing, the parties are directed to maintain status quo as of today (Monday).”

Senior advocate Vinay Navare for the Trust argued that state Revenue Minister Chandrashekhar Bawankule had directed demolition of alleged illegal portions at the dargah premises by May 20.

The Trust said the minister had made a statement while responding to a question by a Member of Legislative Council (MLC) during the session.

As per the Trust, a notice was issued by local police authorities to the Trustees that they should not create any law-and-order situation once the demolition or eviction process is initiated.

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The Trust had allegedly encroached on protected mangrove areas located on government land parcels near Chowk Jetty in Uttan near Bhayander. It had approached the HC apprehending state action.

A vacation bench of Justices Kamal R Khata and Arif S Doctor on May 16 said that no urgency was made out in the plea, “as presently no notice of demolition is issued to the petitioner by the state authority,” prompting the Trust to approach SC.

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Tags:
  • BR Gavai dargah demolition Maharashtra government The Supreme Court of India
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