Supreme Court Issues Notice To BMC Commissioner On Contempt Plea Alleging Illegal Demolition Of Mumbai Gurudwara, Directs Status Quo

The Supreme Court today issued notice on a contempt petition filed against Municipal Corporation of Greater Mumbai, alleging illegal demolition of a Gurudwara in violation of the Court's stay order on demolitions in the 'bulldozer matter'.

A bench of Justices BR Gavai and KV Viswanathan passed the order, directing that till the next date, status quo be maintained.

Assailing the action of the authorities, Advocate Rukhmini Bobde apprised the Court that the Gurudwara was demolished and holy book Guru Granth Saheb taken away. She further urged that contemporaneous documents would corroborate the existence of the Gurudwara at the site.

At this point, Justice Viswanathan pointed to the counsel that as per the authorities, "it was a solid waste management site". However, Bobde replied that the site was slated for construction of houses for employees of solid waste management department. She also informed that solid waste management department has written to the assistant municipal commissioner, calling the subject structure a dargah.

In response to a pointed query as to whether any notice was issued prior to the demolition, Bobde answered in the negative. She further informed that Section 314 of the Mumbai Municipal Corporation Act has been invoked for carrying out the demolition, saying the subject structure is on a street/water body. Praying for status quo, she informed that construction beams have been placed at the site.

For context, the order alleged to have been violated was passed by the Supreme Court on September 17, to the effect that no demolition should take place in the country without its permission. It was however clarified that the order won't be applicable to encroachments on public roads, footpaths, railway lines, or waterbodies.

Two other similar contempt petitions have been filed alleging willful violation of the Court's order dated September 17. One of these is by residents of Assam. The other is filed against Gujarat authorities assailing demolition of Pir Haji Mangroli Shah Dargah.

The petition has been filed through Advocate-on-Record Soumya Priyadarshinee.

Case Title: PRAVIN JIVAN WALODRA Versus BHUSHAN GAGRANI MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) AND ORS., Diary No. 58625-2024