Mumbai: The Supreme Court on Monday ordered a status quo on the proposed demolition of the Hazrat Sayyed Bale Shah Peer Dargah in Uttan, Thane district, granting interim relief to the managing trust. The apex court issued notice to the Maharashtra government and posted the matter for hearing after four weeks.
A bench of Chief Justice of India B R Gavai and Justice Augustine Masih directed, “Until the next date of hearing, the parties are directed to maintain status quo as of today (Monday),” while permitting the trust to serve copies of the petition to the state’s standing counsel.
The court was hearing a plea by the Balepeer Shah Charitable Trust, which challenged the May 16 order of the Bombay High Court that refused urgent relief, stating that no demolition notice had yet been issued by the state authorities. The trust approached the top court after the Senior Police Inspector of Uttan Sagari Police Station sent a notice dated May 15, warning against any law-and-order disruptions during the proposed demolition.
The trust contended that state Revenue Minister Chandrashekhar Bawankule had announced in the Legislative Council that illegal portions of the Dargah would be cleared by May 20, 2025. A video featuring the minister and MLC Niranjan Davkhare reiterating this plan surfaced on March 21.
Located near Chowk Jetty in Uttan, the century-old Dargah includes a 50x50 ft structure and a wazukhana (ablution pond) measuring 14x60 ft. The trust claims it has peacefully occupied the site for over 100 years. It had applied to the Thane District Collector in October 2022 to be recognised as the lawful occupier. A 2023 field inquiry supported the claim, but the Additional Tahsildar rejected it in February 2024 citing insufficient documentation.
The trust contended that the demolition move violated a May 5, 2011 government resolution mandating a structured, case-wise process before removing unauthorised religious structures. The trust alleges that no such process was followed.
The trust approached the apex court after a vacation bench of the high court, on May 16, refused relief saying that no urgency was made out in the plea, “as presently no notice of demolition is issued to the petitioner by the state authority,” prompting the Trust to approach SC. The SC will now hear the matter after four weeks.
