Mumbai: The Bombay High Court on Tuesday granted interim relief to a trust opposing the proposed demolition of a Muslim burial ground and prayer site in Ulwe, Navi Mumbai, and restrained the authorities from taking any coercive action until the next hearing.
A bench of Justices Girish Kulkarni and Arif Doctor was hearing a petition filed by We Care Foundation, which challenged a demolition notice issued on May 9, 2025, by the City and Industrial Development Corporation (CIDCO).
The petition contended that the site had been in continuous use by the Muslim community since 1960 for burials and religious practices. The structures included facilities such as a cloakroom and a shed for ablution.
Advocates Majid Ibji and Hitendra Gandhi, appearing for the Foundation, contended that the action violated fundamental rights under Articles 25 and 26. The site is of immense religious importance and has existed for decades. The demolition drive is arbitrary and in breach of constitutional guarantees, the advocates submitted.
The court was informed that a representation had already been made against the notice, but no decision had been taken. Meanwhile, officials from CIDCO had allegedly arrived at the site, prompting fears of imminent demolition.
Taking note of the urgency, the bench directed, “In the aforesaid circumstances as and by way of ad-interim order, we direct that no coercive action be taken by respondent No.2 (CIDCO) and/ or respondent No.3 (Navi Mumbai Municipal Corporation) against the structures subject matter of notice dated 9 May 2025 till the adjourned date of hearing.”
The court issued notice to respondent authorities and directed them to file a reply before the next hearing on July 23. Government pleader SA Prabhune appeared for the Maharashtra government. Despite the petitioner's notice, no one appeared for CIDCO.
