Dispute over Thane Dargah reaches Supreme Court
A dispute over a dargah (shrine) in Thane, Maharashtra, spanning 17,160 square feet, has reached the Supreme Court. A private company has accused the Pardesi Baba Trust of illegal encroachment. The court has ordered a status quo for seven days.
Maharashtra: A serious case concerning a dargah located in Thane district, Maharashtra, has come before the Supreme Court. This dispute has been ongoing for 23 years between the Pardesi Baba Trust and a private company. The dargah, initially built on 160 square feet, was expanded to 17,160 square feet. The private company claims ownership of the land and alleges that a significant portion of the dargah is illegally constructed on its property.
Bombay High Court orders demolition
Hearing a writ petition filed in the Bombay High Court, the court ordered the demolition of the unauthorized parts of the dargah. The High Court not only reprimanded the Pardesi Baba Trust for this illegal construction but also criticized the Thane Municipal Corporation for not presenting all facts clearly in its affidavit to the court.
Trust challenges the order in Supreme Court
Challenging the High Court's order, the Trust approached the Supreme Court. Senior Advocate Hafeza Ahmedi, representing the Trust, argued that a civil suit related to this matter, filed in April 2025, had already been dismissed, a fact overlooked by the High Court in its judgment. The Trust claims the actual dispute concerned only 3,600 square feet of construction, and the High Court's order to demolish the entire 17,160 square feet structure is unjust.
Company alleges encroachment under the guise of religion
On the other hand, senior advocate Madhavi Diwan, representing the private company, bly argued in the Supreme Court that the Trust has encroached upon the land under the guise of religion. Citing a Thane Municipal Corporation report, she stated that the construction is not only illegal but also in violation of previous court orders. The company also claimed that the Trust rebuilt portions of the previously demolished structure, further violating regulations.
Supreme Court's b observation
A two-judge bench of the Supreme Court, comprising Justices Sandeep Mehta and B. Varale, observed several procedural irregularities and unclear facts in the case. The court specifically questioned whether the demolition order issued on March 10, 2025, was fully implemented.
Expresses displeasure over non-disclosure of facts in High Court
The Supreme Court also expressed concern that the Trust did not inform the High Court about the dismissal of the related civil case in April 2025. Justice Mehta noted that had the High Court been aware of this information, it might have reached a different conclusion.
