Bombay high court restrains civic body from demolishing two Panhala dargahs
KOLHAPUR: The Bombay high court's Kolhapur bench has granted an interim injunction restraining the Panhala Giristhan Nagar Parishad from demolishing two 15th century Muslim religious shrines — Hazrat Peer Shahbuddin Khatavali Dargah and Hazrat Peer Sadhu Khatal Dargah — at Panhala.
"In the facts and circumstances, it is necessary that all the respondents shall file affidavit in reply particularly in view of the contentions raised by Mr. (Yuvraj) Narvankar, learned counsel for petitioner that the subject said Dargah is in existence from almost 15th Century and is recorded in Bombay Gazette. Let such affidavit in reply be filed on or before 15th June 2026," the bench of Justice Madhav Jamdar and Justice Pravin S Patil said while posting the matter for next hearing on July 6.
The Panhala hill station civic body had issued a notice under Sections 52 and 53 (both related to unauthorized development and power to demolish the same) of the Maharashtra Regional Town Planning (MRTP) Act to the trust that manages these dargahs, based on a complaint filed on July 1, 2024, by a local resident before the Tehsildar.
Earlier this year, the dargah trust initiated proceedings before the Superintendent of Land Records (SLR) to assert the legitimacy of its possession and occupation of the property. The trust contended in its petition before the HC that the civic council issued the demolition notice at the stage when its plea before the SLR is at the stage of spot inspection.
Petitioner and the trust's managing trustee Abdulsattar Mujavar sought a stay over on the May 7 notice and directions "to restrain the respondents, their officers, agents, servants and all persons acting on their behalf from demolishing, disturbing, removing or interfering with the Dargah constructions, structures and religious objects" till the hearing and final disposal of the petition.
Resident district magistrate Gajanan Gurav has imposed prohibitory orders in an around Panhala fort, located 20 km from Kolhapur, which is visited by thousands of visitors every day. The orders would remain in place since May 8 to May 10 midnight. Even on Sunday there was heavy police deployment at Panhala fort.ends
The Panhala hill station civic body had issued a notice under Sections 52 and 53 (both related to unauthorized development and power to demolish the same) of the Maharashtra Regional Town Planning (MRTP) Act to the trust that manages these dargahs, based on a complaint filed on July 1, 2024, by a local resident before the Tehsildar.
Earlier this year, the dargah trust initiated proceedings before the Superintendent of Land Records (SLR) to assert the legitimacy of its possession and occupation of the property. The trust contended in its petition before the HC that the civic council issued the demolition notice at the stage when its plea before the SLR is at the stage of spot inspection.
Petitioner and the trust's managing trustee Abdulsattar Mujavar sought a stay over on the May 7 notice and directions "to restrain the respondents, their officers, agents, servants and all persons acting on their behalf from demolishing, disturbing, removing or interfering with the Dargah constructions, structures and religious objects" till the hearing and final disposal of the petition.
Resident district magistrate Gajanan Gurav has imposed prohibitory orders in an around Panhala fort, located 20 km from Kolhapur, which is visited by thousands of visitors every day. The orders would remain in place since May 8 to May 10 midnight. Even on Sunday there was heavy police deployment at Panhala fort.ends
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