On 10th March, the Bombay High Court came down heavily on the Thane Municipal Corporation (TMC) for failing to demolish an illegal mosque and prayer hall despite prior court orders. The court asserted that it is imperative to instil in citizens the understanding that violations of the law will not be tolerated. The order was reserved on 5th March and pronounced on 10th March.
The illegal structure in question was constructed without municipal approval on encroached land that is reportedly owned by New Shri Swami Samarth Borivade Housing Company Private Limited. The court, on 27th January, directed the municipal body to demolish it. However, the body failed to fully implement the order.
A bench comprising Justice AS Gadkari and Justice Kamal Khata dismissed the corporation’s justification for the delay. The court emphasised the need for strict enforcement of the law. Notably, the corporation had informed the court that, due to protests by local Muslims, it was unable to execute the order. The court underscored that in a democratic country, no organisation or individual has the right to defy or oppose the law.
Court warns against defiance of legal authority
The bench made it clear that law enforcement authorities are bound by the duty to ensure compliance with the nation’s legal framework. The court said, “In such circumstances, the law enforcers must make such person/persons/Association abide by the law of the land. It is also necessary for the law enforcers to imbibe in the minds of the citizens that the violation of law and/or opposition to the implementation of the law by the State will not be countenanced and/or tolerated.”
Illegal construction on private land
The dispute revolves around a plot of over 18,000 square metres in Borvada village of Kasarvadavali, which is owned by New Shri Swami Samarth Borivade Housing Company Private Limited. The Ghazi Salauddin Rehmatullah Hoole alias Pardeshi Baba Trust encroached upon 18,122 square metres of land in 2013 and constructed an illegal structure, including the mosque and prayer hall.
The company approached the municipal corporation and requested action against the illegal structure. However, no action was taken, and the company had to approach the High Court for intervention.
Municipal inaction despite court orders
In its defence, the corporation stated that an inspection was conducted on 1st January 2025. It revealed that a 3,600-square-foot single-storey structure containing a prayer hall had been built. The corporation added that on 19th February, ten municipal officers, 65 workers, and several police personnel attempted to demolish the structure. However, a large gathering of protesters obstructed the operation.
The court did not accept the explanation and termed it an excuse. The court questioned why the municipal corporation failed to act when the illegal structure was being built. It noted that the petitioner had raised concerns and corresponded with authorities regarding the illegal construction. The court observed that the municipal body had failed in its duty to strictly enforce the law.
Mosque to be demolished immediately after Ramzan
The court, after reviewing photographic evidence, noted that a significant portion of the structure had already been demolished. It then ordered the complete demolition of the remaining structure immediately after Ramzan. Furthermore, the court warned that any attempts to rebuild the structure should be prevented. The High Court held municipal officials accountable for ensuring full compliance with its orders.
