Bombay HC Issues Notice On PIL Against Alleged Encroachment Of Govt Land And Illegal Construction By Hazrat Sayyed Baleshah Peer Dargah In Thane
The Bombay High Court has issued notice and sought a response from the State Government in a Public Interest Litigation filed by a lawyer seeking directions for the demolition and removal of the alleged encroachment over government land and construction of illegal religious structure by Hazrat Sayyed Baleshah Peer Dargah in Thane, Maharashtra.
It was alleged by the Petitioner, Advocate Khush Ishwar Khandelwal, that the structure encroaches upon the government land consisting of Coastal Marsh and Mangroves, thereby, destroying the Mangroves. The religious structure of Hazrat Sayyed Baleshah Peer Dargah was erected by Baleshah Peer Charitable Trust.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor ordered, “Issue notice to the respondents, returnable on 24th April 2024… In the meantime, the State-respondent nos.1 to 4 and the respondent no.5-Corporation shall file their affidavits-in- reply.”
Advocate Amrut Joshi appeared for the Petitioner and Government Pleader P. P. Kakade appeared for the State.
In his plea, the Petitioner has submitted that despite complaints, the Collector and the Tehsildar have failed to take any action. The petitioner filed a complaint in November 2023, citing the destruction of mangroves and public interest, yet no action has been taken.
Previous complaints in 2011 highlighted national security concerns due to Dargah's coastal location and potential terrorist activities, therefore, he submitted “The said Complaint was lodged by the then Superintendent of Police, Thane rural because Mumbai has always been on the hit list of terror organizations and the Dargah could be utilize by the terror organizations as the landing point and also the police has noticed the increase in movement of unknown Muslim youth late night at that place and therefore, apprehending the law and order situation and threat to national security, the Complaint for removal of the illegal construction of the said Dargah was lodged.”
While relying on the Doctrine of Public Trust it is contended by the Petitioner, “Due to the drastic failure, inactiveness and inaction of the Respondent no. 2 & 3 to initiate action of demolition, the Respondent no. 6 is continuously spreading their encroachment upon the said government land. which is extremely dangerous for the mangroves and for the nature. The land or property which is vested in the state government should be used only for the public purpose or in the interest of public. The doctrine of public trust is applicable in the present matter. The unauthorized religious structures on public land can never be a venue for preaching religion. Furthermore, no religion permits illegality. The rule of law should prevail in all cases.”
The Petitioner has, inter alia, prayed for appropriate directions to the State to demolish the alleged Dargah and to provide necessary police protection during the process.
Cause Title: Khush Ishwar Khandelwal v. The State of Maharashtra and Ors.
Appearances:
Petitioner: Advocates Amrut Joshi, Pratik Kothari and Yazad Udwadia,
Respondents: P. P. Kakade, Government Pleader, O. A. Chandurkar, Addl. Govt. Pleader, G.R. Raghuwanshi, AGP and Advocate Mayuresh Lagu.
