Bombay High Court Upholds Demolition Order for Unauthorized Thane Dargah
Religious or charitable assertions cannot substitute for legal title says bench that mandated demolition within two weeks
Overview
- The court dismissed the Pardeshi Baba Trust’s bid to recall its April 30 order directing the Dargah’s dismantling in Thane’s Borivade area
- Justices AS Gadkari and Kamal Khata ruled that expansion from 160 to over 17,600 sq ft without municipal approval amounted to land usurpation
- The bench found the trust’s reliance on gazette entries, sale deeds, land records and Charity Commissioner registration insufficient to establish ownership or legal construction
- A seven-day status quo granted by the Supreme Court on July 17 expired without relief for the trust, which was told to pursue remedies in the High Court
- The Bombay High Court directed the Thane Municipal Corporation to complete the demolition within two weeks of the order’s publication