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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