Gujarat High Court Stays Eviction Notice Concerning Hazrat Kalu Shaheed Dargah In Ahmedabad Till January 2024

A Bench of Justice Vaibhavi D. Nanavati passed this order while dealing with a plea filed by the caretaker of the Dargah (Sabirhusen Malek) seeking to quash a notice issued by the railway authorities and to stay the effect of the notice, pending the final decision on the petition.

Essentially, last month, the Western Railway division and Rail Land Development Authority issued a notice to the management of the Hazrat Kalu Shaheed Dargah asking it to “remove the unauthorised Dargah” within 14 days from the railway premises.

The notice was issued in pursuance of the proposed plan to expand and redevelop Ahmedabad Railway Station (aka Kalupur Railway Station)

Having heard the plea, the Court thought it fit to issue notice to the rail authorities and made it returnable for January 16, 2024, and further directed the authorities that until the next date of hearing, they should maintain the properties as it is.

In his plea, the caretaker of the Dargah has submitted that the notice of the Railway authorities violates the provisions of the Waqf Act, 1995, as being a waqf property, no action can be taken concerning the dargah without approval or consultation with the Waqf Board.

In the plea, it has also been argued that the railway authorities have been collecting licence fees from the Dargah since 1912 and therefore, they cannot now say that the property in question is unauthorised, as the same would be contrary to the Railways’ records.