'Mob Fury & Footfalls Can’t Legalise Encroachment': Bombay HC Upholds Demolition of ‘Dargah’ on Private Land

A bench comprising Justices A.S. Gadkari and Kamal Khata dismissed an interim application filed by one Gazi Salauddin Rehmatulla Hoole, who claimed the structure was religious and should be protected, calling his arguments an attempt to delay compliance with the Court's April 30, 2025 demolition order.

“We are unable to accept that a mob fury and the mere footfalls of people on a particular piece of land based on an assertion that this is a Dargah can prove that it is a legal structure. This is a classic case of a usurpation of the land and such a method… the Court cannot grant its imprimatur,” the bench observed sharply.

The land in question belongs to New Shree Swami Samartha Borivade & Anr., who had moved the court to remove what they called an illegal and massive construction on their property. The Thane Municipal Corporation (TMC) confirmed that no construction permission had ever been issued for the structure. Despite a series of notices, the applicant failed to produce a single document proving either ownership of the land or municipal sanction for the construction.

The applicant had earlier cited an 1882 government gazette, a 1982 sale deed, a 1989 7/12 extract, and a registration certificate issued by the Charity Commissioner to claim the structure had historical and religious roots. But the court was unconvinced, holding that none of these documents established legal ownership or legitimized the construction.

"The only contention raised by the Applicant is that, when they issued a Public Notice through the Charity Commissioner claiming ownership of the structure as a Dargah, there were no objections taken by anybody. The Trust being certified was therefore declared as the owner of the structure. This in our view can never be the basis of ownership of any structure on anybody's land," court said. 

Importantly, the applicant also failed to prove that the structure was indeed a Dargah, or that it existed prior to the sale of the land to the petitioners. Even the civil court judgment relied upon by the applicant, delivered on April 5, 2025, went against him, holding that the defendants (including the applicant) had encroached on the land and failed to prove any ownership, either by sale or adverse possession.

The High Court further noted that the applicant had been heard and served notices, but chose not to respond or provide supporting documentation. It dismissed the argument that lack of a hearing rendered the demolition unfair, stating that due process under the Maharashtra Municipal Corporations Act had been followed.

“The applicants have entirely failed in proving that they own the land or had taken permissions to construct even one square inch,” the bench said, adding that no equity or protection could be claimed for “thoroughly illegal structures.

Court directed the Thane Municipal Corporation to carry out the demolition within two weeks from the date of uploading the order.

Case Title: New Shree Swami Samartha Borivade & Anr V/s. Thane Municipal Corporation & Ors