Mumbai: Bombay High Court recently slammed Thane Municipal Corporation (TMC) for halting the demolition of an illegal mosque following resistance from a mob. It directed TMC to complete the demolition within two weeks of the Ramzan month ending.
An advocate for the trustees of the mosque said they will cooperate with TMC.
“It is a settled position of law that in a democratic state a person/group of persons or an association cannot be permitted to say that it will not follow the law of the land and will oppose it on any ground. In such circumstances, it is the duty of the law enforcers to make such a person/persons/association abide by the law of the land,” said Justices Ajay Gadkari and Kamal Khata on March 10.
The petition was filed by New Shree Swami Samartha Borivade Housing Company Pvt Ltd, which owns more than 18,000 square metres in Borivade village, Kasarvadavali, to direct TMC to demolish the illegal structure. TMC commissioner Saurabh Rao’s affidavit said a Jan 1 site visit revealed the construction of a 3,600-sq-ft ground-plus-one-storey mosque with a prayer hall. While its occupants claimed it was constructed when the area was under gram panchayat limits, there was no permission in the municipal record. After a showcause notice and hearing, TMC on Jan 27 declared the structure unauthorised and directed its removal.
The judges refused to accept the submission of senior advocate Ram Apte for TMC that due to strong opposition from a mob that gathered at the site on Feb 19, the balance of the demolition work could not be completed.
Apte said TMC employed 65 labourers supervised by 10 officers. The police deputed sufficient personnel to maintain law and order. The judges then noted it is the duty of law enforcers to make people abide by the law. “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 implement the law by the state will not be countenanced and/or tolerated,” they added.
They questioned “when such a huge structure was being constructed” what steps did TMC officers take to prevent it despite repeated correspondence by the petitioner. Apte informed the court that local police wrote to TMC to postpone the demolition in view of Ramzan. Also, police protection will be given after Ramzan Eid to TMC officers to carry out further demolition work.
Making it “clear that the corporation shall undertake the balance demolition work immediately after the holy month of Ramadan/Ramzan ends,” the judges said, in the interregnum, neither the trustees nor any person shall attempt to reconstruct the demolished portion.
