The Bombay High Court criticized the Thane civic body for delaying the demolition of an illegal mosque, rejecting its reasons. The court said that in a democratic country, no person or group can go against the law. It told the authorities to take quick action and follow the rules. The judgment highlights the need to strictly follow the law without any exceptions.
Mumbai: The Bombay High Court slammed to the Thane Municipal Corporation for not completing the demolition of an unauthorized mosque, despite clear prior directives.
A Bench comprised of Justices AS Gadkari and Kamal Khata dismissed the Corporation’s excuses for the delay and highlighted the importance of rigorous law enforcement.
The court stated,
“It is a well-established legal principle that, in a democratic state, no individual, group, or association can claim the right to disregard the law or oppose it for any reason. In such instances, it is the responsibility of law enforcers to ensure compliance with the law. Additionally, it is crucial for law enforcers to instill in citizens the understanding that violations of the law or resistance to its enforcement will not be tolerated.”
The case involves a petition by the New Shree Swami Samartha Borivade Housing Company Pvt Ltd, which owns over 18,000 square meters in Borivade Village, Kasarvadavali.
Also Read: Mumbai Civic Body Highlights Risks of Giant Billboards to Supreme Court
The company sought a court directive to compel the Thane Municipal Corporation (TMC) to demolish an illegal structure encroaching on its land.
TMC reported that a site inspection on January 1, 2025, revealed a 3,600-square-foot, ground-plus-one-storey mosque, which included a prayer hall. The mosque’s occupants claimed it was built while the area was under a gram panchayat, but TMC found no municipal approval for the structure in its records. After issuing a show cause notice and conducting a hearing, TMC declared the structure unauthorized on January 27 and ordered its removal.
However, Senior Advocate Ram Apte, representing TMC, informed the Court that demolition had been delayed due to significant opposition from a mob at the site on February 19. Apte noted that TMC had deployed 65 laborers and 10 officers for the demolition, with police support for maintaining order, but the work could not be completed.
The Court rejected this explanation, stressing the importance of enforcing the law. It questioned TMC’s failure to prevent the unauthorized construction despite numerous complaints from the petitioners, stating,
“It will not be out of way to observe here that, when such a huge structure was being constructed by the Respondent Nos. 3 to 9, we wonder what steps the concerned Officers of Municipal Corporation have taken to prevent it, despite there being repeated correspondence of the Petitioners in that behalf.”
The Court dismissed TMC’s request for additional time to complete the demolition, calling it “unacceptable.”
It noted,
“For a structure which, as per the photographs, has already been demolished to a substantive extent, four weeks further period is necessary to the Corporation to complete the demolition.”
After deliberation, the Court accepted that two weeks would suffice for the remaining work.
The Court ordered TMC to finish the demolition immediately after Ramadan, specifying that it must be completed within two weeks thereafter, by April 14, 2025. It also emphasized that no one, including the respondents in this case, should attempt to rebuild any part of the demolished structure.
Furthermore, the Court held municipal officers accountable for ensuring full compliance with the order.
Advocate Kunal Dwarkadas and Advocate Nilesh Tated, instructed by Mahimtura & Co., represented the petitioners. Senior Advocate Ram Apte, along with Advocate Mandar Limaye, represented TMC.
Advocate SS Patwardhan, instructed by Advocate Mrinal Shelar, appeared for the Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust.
Advocate Siddharth A Mehta, along with Advocates Harshada Shrikhande, Vaibhav, and Bhargavi Mundhe, represented other respondents, including Bashir Ahmed Mohamed, Husein Patel, and Zaffer Suleman Shaikh.
Case Title: New Shree Swami Samartha Borivade Housing Company and anr v Thane Municipal Corporation
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
