HC temporarily restrains demolition 220 families' residences in Malegaon fort
The vacation bench of justice Gauri Godse and justice Somasekhar Sundaresan was hearing a petition filed by resident Mohammad Rajjab Khan, and other residents of the fort.
According to the petition, the tourism and cultural affairs department of the state government issued a Government Resolution (GR) on January 20, instructing district collectors to remove all encroachments from the 47 forts protected by the Central Government and 62 forts protected by the archaeology department as per the Ancient Monuments and Archaeological Sites and Remains Rules, 1969.
Following the GR, the Malegaon tehsildar issued eviction and demolition notices to the residents of the fort in March and April 2025, prompting them to approach the high court. Residents contended that they have been residing in the structures for 40 years and have necessary documents like electricity bills, house tax, water tax bills, ration cards etc. They added that an educational institute is running a school and a junior college at the fort's centre, and a separate girls' school is also located within the fort premises. These schools are using the open space in the fort as their playground. Demolition notices were issued to individual residents only, not these establishments, said the petitioners.
Advocate Manisha Desai said a regular bench on May 8 granted protection to some residents after noting that schools and a gymkhana were functioning out of the fort area. The petitioner also claimed that the authorities turned a blind eye to several unauthorised structures within the fort and are selectively targeting the residents of the surrounding localities, falling outside the fort precinct. Desai also pointed out that the tehsildar passed fresh orders on May 26 for eviction and demolition of the residential structures. However, these were not served to the petitioners.
Against this backdrop, the vacation bench restrained the revenue authorities from taking any coercive steps against the petitioners' structures. It also directed the additional government pleader Kavita N Solunke to take instruction as to whether the Tehsildar had passed any fresh orders for eviction and demolition and to file affidavits in reply to the petitions by June 10, when the petitions would come up for further hearing.
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