SC grants four week status quo on proposed demolition of dargah near Mumbai
Mumbai: The
Supreme Court
Bench, headed by Chief Justice of India Bhushan Gavai, on Monday granted a four-week status quo over claims of a proposed demolition near dargah at Uttan, near Mumbai. A petition filed by
Balepeer Shah Charitable Trust
stated that on May 16, the vacation bench of Bombay HC declined to intervene, but one of its members was informed of the impending demolition on May 20.
The HC vacation bench of Justices Kamal Khata and Arif Doctor declined to intervene, stating that urgency was not made out since no demolition notice was issued by the state authority to the trust. The trust then moved the SC for orders to direct the state to follow due process of law. Its counsel, V Navarre, with advocate Prashant Pandey, contended there was an impending threat of demolition of the structure, which was in existence for more than eight decades.
The urgency was wrongly ignored by the HC, said lawyers for the Trust, citing a notice dated May 15, 2025, received by its member from a senior police inspector of Uttan Sagari police station of the Mira Bhayandar and Vasai Virar commissionerate under Section 168 of BNSS. The notice stated that the state govt declared the unauthorised construction of the dargah would be removed on or before May 20, 2025, and that the members of the petitioner's trust were warned against creating any law and order situation.
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Here's What a 6-Hour Gutter Upgrade Should Cost You In 2025
HomeBuddy
Undo
Recently, revenue minister Chandrashekhar Bawankule, in response to a question raised on the issue of the dargah by legislator Niranjan Davkhare in the state Legislative Council, assured its demolition. It has been alleged that the Bale Shah Peer Charitable Trust encroached upon protected mangrove belts located on govt-owned land parcels near the sensitive Chowk jetty in Uttan near Bhayandar. The Trust denied the allegations and said the HC erred by "adopting a hyper-technical approach" and ignored the fact that the police authorities stated in their notice that the authorities would remove the structure and render its plea before the court infructuous unless a stay is granted.
The Dargah is of "Hazrat Sayyed Peer," the Trust said.
The trust also informed the SC that Bawankule mentioned before the Maharashtra state assembly on March 29, 2025, that the structure would be demolished. The trust has already approached the chief minister, revenue minister, and the state secretary and has claimed it is being arbitrarily targeted by the govt without following the due process of law. Fearing it may be too late if illegally demolished, the trust sought a stay from the SC.
The top court posted it after a month but said a status quo would be maintained till the matter is heard.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
2 hours ago
- Hindustan Times
Rape accused engineer moves Supreme Court over Rajasthan HC's ‘erroneous' travel order
A software engineer, accused of raping a woman on a false pretext of marriage, has moved the Supreme Court challenging an order of the Rajasthan High Court which directed his wife to be present in the country if he wished to travel abroad for a job. The plea, filed by advocate Ashwani Dubey, called the HC order erroneous and a violation of Article 21.(HT_PRINT) The petitioner in his plea said the high court, in a clear violation of the "procedural impropriety" and without hearing or impleading his wife, who is currently employed in the US, and ignoring that she is not a part of the criminal case, directed her to remain in India. The petition, filed through advocate Ashwani Dubey, submitted that the said impugned direction passed by the high court was "erroneous" and violative of the fundamental rights under Article 21 of the Constitution. The matter is listed for hearing on August 8. The counsel argued that the direction suffered from procedural irregularity and legal perversity, having been passed without affording a hearing to the person affected. Also Read: SC sets aside jail term of man found juvenile in rape case, upholds conviction Petitioner is the Indian passport holder "The petitioner is the Indian passport holder and Indian citizen and he is not the citizen of any other country and he will be under the control of Consulate General at USA and there are no chances of his absconding as he is willing to go abroad to earn his livelihood on work visa and therefore, there is no question of his absconding. "He will be going for a specific period and he undertakes a specific oath before this Court that he shall make himself available for trial as and when directed, therefore, there is no question of delay in trial and also there is no question of his absconding," the plea said. The engineer was booked for rape at the Christianganj Police Station of Ajmer. Accused and the woman met online According to the petition, the accused and the woman met on an online matrimonial site and had a close acquaintance for a period of approximately four years. It was alleged that the man entered into an intimate relationship with the complainant, promising her that he would marry her. Under apprehension of arrest, the engineer moved an anticipatory bail application, which was allowed. He then moved an application before the trial court to allow him to go abroad to the USA for employment. The trial court dismissed the application, which was assailed before the high court, which allowed him to go abroad but imposed a condition that his wife must remain in India.
The Hindu
3 hours ago
- The Hindu
Adoor Gopalakrishnan courts controversy at Kerala Film Policy Conclave, Minister counters him
The closing ceremony of the Kerala Film Policy Conclave in Thiruvananthapuram on Sunday witnessed some dramatic moments when veteran filmmaker Adoor Gopalakrishnan made some controversial statements on the State government's project to promote filmmakers from Scheduled Caste and Scheduled Tribe communities and the one for women filmmakers, with Minister for Cultural Affairs Saji Cherian countering his assertions in his speech. 'The government is providing ₹1.5 crore for filmmakers from the SC/ST communities to make films. I told the Chief Minister that the government is paving the way for corruption through this, but nothing has changed. The intent behind the project is good, but they should be given at least three months of intensive training to make films. All the filmmakers who have made films under this project have complaints about it. They should be made aware that these are public funds. The amount should be reduced to ₹50 lakh. This money is not meant to make commercial films,' said Mr. Gopalakrishnan. Regarding a similar project for women filmmakers, he said that 'just because one is a woman, the government should not be giving money to make films.' They should also be provided training. They should know all the difficulties involved in making a film, he said. Mr. Cherian in his speech disagreed with Mr. Gopalakrishnan and said that even ₹1.5 crore was insufficient to make quality films these days, as most of the filmmakers under the project struggled due to funding issues. 'A rare opportunity' 'In the 98 years of Malayalam cinema's history, those from the SC/ST communities have not got a mainstream opportunity. This funding project is one of the best decisions this government has taken, because of which many new filmmakers from these communities were able to come forward. They were selected by a committee of experts through an intensive screening process,' he said. Mr. Gopalakrishnan's comments invited loud disapproval from a section of the audience, especially singer Pushpavathy. Later, speaking to the media, she said that Mr. Gopalakrishnan was attempting to torpedo a project to promote filmmakers from marginalised communities. 'People from the SC/ST communities have experienced oppression for centuries. Our forefathers have experienced slave-like conditions. It has just been decades since we started getting proper education. Any attempt to torpedo such projects has to be opposed. The government has clearly rejected his remarks,' she said. On IFFK Mr. Gopalakrishnan demanded that the delegate fee for the International Film Festival of Kerala (IFFK) be raised to ensure that only those who were really interested in cinema got in. Recounting an event from the past, he said that 'a group of labourers from the Chala market barged into the theatre just to watch the adult content.' He also criticised the 2023 protest movement by the students of the K.R. Narayanan National Institute of Visual Science and Arts demanding the resignation of the institute's director Shankar Mohan for alleged caste discrimination, which also led to Mr. Gopalakrishnan's resignation as the institute's chairperson. He claimed that the institute was primed for take-off during his tenure, but no one knows the state of the institute now. Countering him, Mr. Cherian said that the institution was functioning effectively. The Minister also countered poet and filmmaker Sreekumaran Thampy's claim that nothing happened after the K. Hema Committee report was published. 'It is because the Hema committee report that this conclave is happening,' he said.
The Hindu
4 hours ago
- The Hindu
Bommai urges Congress to release evidence to prove voter fraud charges
Arguing that it is not proper for the Congress to defame constitutional institutions like the Election Commission of India for political motives, former Chief Minister Basavaraj Bommai on Sunday urged the Congress to release evidence to prove their charges that voters' theft had taken place in the previous Lok Sabha elections. 'The evidence is an atom bomb. If you do not release it, then it may explode right there amid you,' Mr. Bommai told presspersons in Bengaluru. He expressed concern that the Congress was creating doubts over the integrity of constitutional institutions in the name of voter fraud. 'First, they tried to cast suspicion on EVMs, and now they are targeting the commission itself. When a demonstration was organized to clarify the confusion about EVM hacking, the Congress did not attend,' he said. Pointing out that the State government officials serve as chief electoral officers and that political parties are also allowed to appoint their representatives at booths, he argued that it was unfair to target the commission now. 'Questions about inclusion or deletion of voters' names should have been raised earlier itself when they had been given an opportunity participate in the process,' he maintained. 'Even now, if something is wrong with the commission, say it clearly with evidence. But Congress has not even submitted a written complaint,' he said. He alleged that the Congress had resorted to such allegations as it was shocked over Narendra Modi becoming Prime Minister for the third time. On internal reservation among SC communities, Mr. Bommai alleged that even now Chief Minister Siddaramaiah was not sincere about the matter.
