HC refuses to grant interim relief to two dargahs on road

Nagpur: Maintaining its tough stance against illegal religious structures on roads, the Nagpur bench of Bombay high court on Wednesday, refused to grant any interim relief to two dargahs on Old Bhandara Road and Central Avenue.
The Nagpur Municipal Corporation (NMC) however continue to allegedly extend undue favours to both the shrines by not taking any action against them for third straight day, despite sending demolition squad on Monday.

One of the petitioners — Baba Haider Ali Shah Dargah on Old Bhandara Road in Lakadganj — however managed to secure a stay from the Wakf Board, which was pointed out by NMC counsel Sudhir Puranik. He accused the Wakf board of moving ahead, ignoring the fact that case being heard by the superior court i.e. HC.

Both petitioners knocked judiciary’s doors through counsel Shreerang Bhandarkar, who contended that land on which their structures were built was a private one and therefore, those couldn’t be termed as illegal. Puranik however argued that the NIT had already took possession of their lands and even made full payment to the petitioners.

Bhandarkar filed an affidavit with photographs, but the division bench of justices Bhushan Dharmadhikari and Murlidhar Giratkar directed him to submit detailed affidavit with supporting documents by Thursday.

The petitioners cited a government resolution (GR) that where a policy was laid down for demolition, shifting, and regularization of unauthorized religious places and structures, it was necessary to take prior permission of the State Level Committee to demolish religious places which are in existence, since May 1, 1960.

Earlier, Dargah secretary Mehboob Ismail Sheikh contended that its structure is located in small area of 15x15 sq ft and was in existence from nearly 150 years.

Second petitioner — Azam Shah Panch Committee located at Chandrashekhar Azad Chowk at Central Avenue Road — contended that its structure too, is located on area of 10x15 sq ft and its existence can be traced back to the year 1735, which indicates that the shrine is over 253-years-old.

The petitioners contended that the NMC officials visited both Dargahs and sternly warned office-bearers of Trust/Wakfs that their demolition would take place on Monday, as per the HC orders.