Mumbai: The Bombay High Court has strongly criticized the Thane Municipal Corporation (TMC) for halting the demolition of an illegal mosque due to resistance from a mob. The court has directed TMC to complete the demolition within two weeks after the conclusion of Ramzan.
A lawyer representing the mosque’s trustees assured the court of their cooperation with TMC. The bench, comprising Justices Ajay Gadkari and Kamal Khata, emphasized that no individual or group can defy the law under any pretext. They asserted that law enforcement must ensure compliance without exception.
The case was initiated by New Shree Swami Samartha Borivade Housing Company Pvt Ltd, which owns over 18,000 square meters in Borivade village, Kasarvadavali. The petition sought the demolition of the unauthorized structure. According to an affidavit by TMC Commissioner Saurabh Rao, a site inspection on January 1 revealed a 3,600-square-foot ground-plus-one-storey mosque with a prayer hall. The mosque’s occupants claimed it was built when the area was under gram panchayat jurisdiction, but no approval existed in municipal records. After issuing a show-cause notice and holding a hearing, TMC declared the structure illegal on January 27 and ordered its removal.
The judges rejected TMC’s argument, presented by senior advocate Ram Apte, that the demolition could not be completed due to strong opposition from a mob on February 19. Despite deploying 65 laborers and 10 supervising officers, and receiving adequate police protection, the authorities failed to proceed. The court reiterated that law enforcement must ensure that legal directives are followed, stressing that public resistance cannot be tolerated.
The court also questioned TMC’s inaction during the mosque’s construction, despite multiple complaints from the petitioner. Apte informed the court that the local police had requested a postponement of the demolition until after Ramzan and assured protection post-Eid.
The judges ordered that the remaining demolition must commence immediately after Ramzan, cautioning that no reconstruction attempts should be made in the meantime.
