The Gujarat High Court in the case Samasth Sunni Muslim Trust Vs. State Of Gujarat observed wherein the plea is moved challenging the demolition notices issued for alleged unauthorised Dargahs, the court in the case issued the notice to the State Government, Junagadh Municipal Corporations, the State Waqf Board and other authorities.
The bench headed by Justice Vaibhavi Nanavati was hearing the present matter.
In the present case, the notices in question are issued by the Senior Town Planner of the Junagadh Municipal Corporation, wherein demanding the removal of alleged illegal encroachments by the Dargahs on public roads.
The court in the case observed that one of the Dargahs is the ‘Hazrat Gebansha Pir Dargah’, which is believed to be more than 100 years old and another is the ‘Hazrat Jamiyalsadatar Dargah’. Therefore, it has been alleged by the petitioner in the plea that Junagadh Municipal Corporation, allegedly aided by police, have initiated an illegal demolition drive under the pretext of beautifying the Narsinh Mehta Lake.
Earlier, the objection was filed in response to the demolition threats, the caretakers and Mujavars, the custodians of various dargahs in Upperkot Fort with the Mamlatdar, the revenue officer and the Archaeological Department, wherein it requested for the protection for the Dargahs. Further, the petitioner approached the High Court for further anticipating demolitions, wherein the court issued the notice to the respondents.
Therefore, the petitioner in the plea stated that despite of the oral direction of the court and without following the due process of law, the authorities illegally and in a high-handed manner have completely demolished certain religious structures at midnight and it was done under the huge police protection.
The petitioner aggrieved with the same moved the Court through a Special Civil Application challenging the illegal action of demolition, wherein he seeks for restoration of religious structures, compensation, disciplinary and criminal action against the authorities.
The plea also stated that the Junagadh Municipal Corporation was planning further illegal demolitions of Dargahs in Junagadh and it has also been submitted to the authorities, while urging compliance with due process of law and also the fair opportunity for a hearing be given.
However, the Petitioner in the plea seek for quashing of the impugned notices and to restrain the respondents from any further demolition attempts, specifically in respect of ‘Hazrat Gebansha Pir Dargah’ which is situated near Majevadi Darwaja.
The counsel, Advocate Rizvan Shaikh appeared for The Petitioner(S) No. 1 For The Respondent(S) No. 2,3,4,5,6.