Bombay HC Warns Of Ex-Parte Proceedings Against Dargah Trustees In PIL Hearing

In response to a civil public interest litigation (PIL) filed by Khush Khandelwal in the Bombay High Court, against an allegedly illegally constructed Dargah in Uttan, the bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar directed fresh notices (returnable on 4, September) to be served to the trustees of the dargah who failed to appear before the court on 24, July. This despite being duly served a notice on 10, July.

The court also indicated that in case the trustees who are respondents number six in the PIL are not represented in the next hearing, the matter may proceed ex-parte against it.

About The PIL

The petitioner-Khush Khandelwal who is the founder of the Hindu Task Force had filed the PIL (PILST/6843/2024) on 2, March 2024 alleging massive illegal constructions on land measuring more than 70,000 square feet by the Bale Shah Peer Charitable Trust on protected mangrove belts located on government-owned land parcels near the sensitive Chowk jetty in Uttan near Bhayandar.

While directing the Mira-Bhayandar Vasai Virar (MBVV) police commissioner to extend all its assistance for ensuring that service in terms of the is effected on respondent number six, the court in its order dated 24, July also asked the Mira Bhayandar Municipal Corporation (MBMC) to file their affidavit-in-reply within a week. Apart from facing allegations of illegal encroachments, the shrine is also under the scanner owing to concerns raised by security agencies following reports about frequent visits of anti-national elements.

Khandelwal had registered written complaints about the illegalities to the district collector, local civic administration, and upper tehsildar against the illegalities in November 2023. However, no action was taken, thus prompting Khandelwal to file the PIL.

Notably, the chief minister’s secretariat office (CMO) which is operational from the Thane district collectorate had earlier directed the sub-divisional magistrate (SDM) to conduct a probe into a complaint against three revenue officials including circle officer, talathi, and upper tehsildar for their suspected role in attempting regularisation of the structure in an unlawful manner.