Gujarat High Court Issues Notice To State Govt, Junagadh Municipal Corporation On Pleas Challenging Demolition Of Dargahs

The Gujarat High Court has issued notice to the State Government, Junagadh Municipal Corporations, the State Waqf Board and other authorities on petitions challenging the demolition notices issued for alleged unauthorised Dargahs.

Justice Vaibhavi Nanavati listed the matter for consideration on June 27. Sardumsha, Reshamsha Pir Dargah Trust, and Samasth Sunni Muslim have filed the petitions to oppose the demolition drive targeting religious structures belonging to the Muslim community in Junagadh.

The notices in question were issued by the Senior Town Planner of the Junagadh Municipal Corporation, demanding the removal of alleged illegal encroachments by the Dargahs on public roads.

One of the Dargahs is the 'Hazrat Gebansha Pir Dargah', believed to be more than 100 years old and another is the 'Hazrat Jamiyalsadatar Dargah'. The petitioners have alleged Junagadh Municipal Corporation, allegedly aided by police, have initiated an illegal demolition drive under the pretext of beautifying the Narsinh Mehta Lake.

In response to the demolition threats, the caretakers and Mujavars (custodians) of various dargahs in Upperkot Fort had earlier filed objections with the Mamlatdar (revenue officer) and the Archaeological Department, requesting protection for the Dargahs. Anticipating further demolitions, the petitioners last month approached the High Court, which issued a notice to the respondents.

However, even then, despite the "oral direction" of the court and without following due process of law, the authorities illegally and in a high handed manner, completely demolished certain religious structures at midnight under huge police protection, according to the petitioners.

Thereafter, the petitioners moved the Court through a Special Civil Application challenging the illegal action of demolition, while seeking restoration of religious structures, compensation, disciplinary and criminal action against the authorities..

The petitioners also learned that the Junagadh Municipal Corporation was planning further illegal demolitions of Dargahs in Junagadh and submitted a representation to the authorities, urging compliance with due process of law and a fair opportunity for a hearing, the court was told.

The petitions also refer to a recent protest held on June 16, wherein the police is alleged to have resorted to lathi-charges and deployed tear gas shells against the demonstrators. Additionally, it has been alleged that the police unlawfully entered houses, causing damage to private properties, and detained over 100 Muslims. FIRs have been filed against more than 500 individuals in connection with the incident, the petitions said.

The petitioners have alleged that while there are several structures of other religions situated on public roads, the respondents have specifically targeted the Muslim religious structures, raising concerns about selective action.

The petitioners through their latest petitions have sought quashing of the impugned notices and to restrain the respondents from any further demolition attempts, specifically in respect of 'Hazrat Gebansha Pir Dargah' situated near Majevadi Darwaja.

Case Title: Samasth Sunni Muslim Trust Vs. State Of Gujarat R/Special Civil Application No. 10376 Of 2023

Appearance: Rizvan Shaikh(7146) For The Petitioner(S) No. 1 For The Respondent(S) No. 2,3,4,5,6 Advance Copy Served To Government Pleader/Pp For The Respondent(S) No. 1

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