The Bombay High Court has reprimanded the Thane Municipal Corporation (TMC) for its failure to demolish an unauthorized mosque, asserting the imperative for authorities to enforce compliance with the law among citizens. The court’s strong stance was articulated by a division bench comprising Justices A.S. Gadkari and Kamal Khata, who underscored the non-negotiable nature of law enforcement in a democratic state.
The directive issued on March 10 mandates the demolition of the illegal structure immediately following the conclusion of the holy month of Ramzan, with a completion deadline set for April 14. This decision came in response to a plea by New Shree Swami Samartha Borivade, a private housing company, which claimed that the mosque and an associated prayer hall were illicitly constructed on its property in Thane district.
According to the petitioner, the land, measuring 18,122 square meters, was encroached upon by the Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust since 2013. The trust reportedly erected a ground-plus-one structure that included both a mosque and a prayer hall. In January, the TMC had ordered the trust to raze the structure within 15 days, warning that failure to comply would prompt municipal action.
Earlier this month, the TMC reported to the High Court that partial demolition had been executed. However, resistance from devotees obstructed further progress. TMC’s counsel, Ram Apte, explained that a large gathering of followers impeded the full demolition of the unauthorized structure.
In its ruling, the High Court criticized the municipal corporation for its initial inaction that allowed the construction of such a substantial illegal edifice. The justices stated, “In a democratic State, a person/group of persons or an association cannot be even permitted to say that it will not follow the law of the land and will oppose it on any ground.”
The court stressed the necessity for law enforcers to instill a respect for legal compliance in the citizenry, asserting that violations of the law and opposition to its enforcement by the state will not be tolerated. With the trust having indicated that it would not contest the demolition, the court has directed the TMC to ensure that the remaining demolition work is completed immediately after Ramzan, adhering to the set deadline of April 14.
