Mira-Bhayandar: The Bombay High Court on Friday directed the trustees and the Mira Bhayandar Municipal Corporation (MBMC) to submit affidavits in response to a civil public interest litigation (PIL) filed by Khush Khandelwal against an allegedly illegally constructed Dargah in the coastal area of Uttan near Bhayandar.

Direction Given To Dargah Trustees & The MBMC By Bombay HC

The bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar directed the dargah trustees and the MBMC to file the affidavit-in-reply to the paragraph-wise averments made in the PIL within four and two weeks respectively. In legal terms, an averment is a statement of fact or allegation that is made in a charge, information, or in the pleadings of a civil claim.

Bombay HC Pulls Up MBMC

The HC also pulled up the MBMC for dragging its feet in acting against unauthorised constructions under the provisions of the Maharashtra Regional Town Planning (MRTP) Act. The counsel representing the trust submitted that at present no construction on the subject premises is being raised. 

Due to their absence in the previous hearing, the HC had directed fresh notices to be served to the trustees of the dargah (respondent number 6) while indicating that in case they are not represented in the next hearing, the matter may proceed ex-parte against it.

The petitioner-Khush Khandelwal who is the founder of the Hindu Task Force had filed the PIL (PILST/6843/2024) on 2, March 2024 alleging massive illegal constructions on land measuring more than 70,000 square feet by the Bale Shah Peer Charitable Trust on protected mangrove belts located on government-owned land parcels near the sensitive Chowk jetty in Uttan near Bhayandar.

Apart from facing allegations of illegal encroachments, the shrine is also under the scanner owing to concerns raised by security agencies following reports about alleged visits of people having shady backgrounds. However, the trust rubbishes the claims of shady visitors while continuing to maintain that the dargah has been in existence for more than two centuries ever since the saint Sayyed Bale Shah Peer came and stayed here. 

Mumbai: Tensions flared in Dharavi, Mumbai’s largest slum area, on Saturday morning after a large number of local residents gathered to thwart the Brihanmumbai Municipal Corporation’s (BMC) planned demolition of an illegal section of a mosque. The mosque in question, Mehboob-E-Subhani Masjid, located on the 90 Feet Road, had been partially marked as an encroachment by the BMC, prompting civic authorities to issue an eviction notice for its removal.

The BMC’s team, arriving early at around 9 a.m. with the intent of pulling down the disputed portion of the mosque, was met with strong opposition from the local community. Hundreds of residents assembled on the road, physically obstructing the civic officials and preventing them from entering the narrow lane leading to the mosque.

Mosque Trustees Intervene

Amid growing tensions, local law enforcement quickly deployed a substantial number of personnel to prevent the situation from spiraling out of control. A police official confirmed the situation was under control, stating, “Heavy police ‘bandobast’ (security) has been deployed to ensure peace in the area.” Despite the massive gathering, no major incident of violence was reported, though the protest left authorities on high alert.

Following the impasse, residents escalated their protests by gathering outside Dharavi police station, demanding that the civic authorities halt the demolition process. Many residents were seen sitting on the road in protest, voicing their concerns over what they believed to be an unfair move against the mosque.

As tensions mounted, the mosque’s trustees intervened by appealing to the BMC for more time to address the issue themselves. In a written request submitted to the Deputy Commissioner of Circle 2 and the Assistant Commissioner of G-North Division, the trustees requested four to five days to voluntarily dismantle the encroached portion of the mosque. They assured the authorities that they would remove the illegal construction without the need for civic action.

BMC Issues Statement

In an official statement, the BMC acknowledged the trustees’ request, stating: “The trustees have sought four to five days to remove the encroached portion of the mosque on 90 Feet Road on their own.” The municipal body also confirmed that it had accepted the trustees’ proposal, providing them with the requested extension to complete the task.

The dispute centers around a notice issued by the BMC to the mosque’s management, ordering the removal of an encroached structure that had allegedly been built on public land. The Mehboob-E-Subhani Masjid, located along a busy stretch of Dharavi’s 90 Feet Road, had reportedly extended part of its construction beyond its legal limits, leading to the BMC’s decision to take action against it.

The municipal administration explained that the notice was issued in accordance with legal procedures and that appropriate action was being taken in response to the violation. A BMC official said, “The trustees have been instructed to remove the illegal portion within the stipulated time, and the BMC will ensure that the encroached construction is removed as agreed.”

While the trustees’ agreement to voluntarily dismantle the structure has temporarily calmed the situation, residents remain uneasy. Many argue that the mosque is a key religious and community landmark in the area, and any action taken against it could disrupt the delicate social fabric of the slum, which houses people of various faiths.

One local resident, who participated in the protest, said, “The mosque has been here for a long time, and it is an important part of our community. The authorities need to find a more balanced solution rather than resorting to demolition.”

However, others, including civic authorities, have pointed out that illegal encroachments contribute to overcrowding, traffic bottlenecks, and a lack of infrastructure development in the already congested Dharavi area.

The BMC has clarified that while the trustees’ request for additional time was granted, the removal of the encroached portion must be completed within the agreed-upon timeframe. Should the trustees fail to fulfill their commitment, the BMC will take further action to demolish the structure as per the original notice.

With the deadline approaching, local authorities are keeping a close watch on the developments. Police officials have reassured the public that security will remain in place to prevent any escalation of tensions. Civic officials, meanwhile, have expressed hope that the matter will be resolved peacefully and in accordance with the law.

Mumbai: A tense situation was seen in Mumbai’s Dharavi area on Saturday when a civic staff reached to demolish illegal parts of a mosque. The mob surrounded the the Brihanmumnai Municipal Corporation (BMC)’s demolition vehicle preventing them to take action.

The Muslim community strongly opposed the demolition of Mehboob-e-Subani Mosque in Dharavi. As per reports, the crowd attacked the BMC vehicle that came for action and in all two BMC vehicles were vandalized.

The locals had gathered on the road and blocked it. Residents alleged that the part of mosque which the BMC wants to demolish is not new but the construction is underway from last few months. They raised concerns as why the civic body wants to demolish now after turning a blind eye for months, a resident said speaking with the media.

The situation is now under control, with members of various communities, including local Hindus and Muslims, appealing for peace at the scene.

The police administration’s swift action has successfully restored complete order. However, large crowd is seen outside Dharavi police station.