Ex parte hearing if dargah representatives remain absent during the next hearing : Bombay HC

Representatives of ‘Hazrat Sayyed Baleshah Pir Dargah’, who encroached Government land at Uttan Dongri, Bhayandar (W), remain absent for the hearing

Bhayandar (Dist. Thane) – Advocate Khush Khandelwal has filed a PIL on behalf of ‘Hindu Task Force’ against the encroachment on Government owned mangrove land at Uttan Dongri, Bhayandar (W). The representatives of ‘Hazrat Sayyed Baleshah Pir Dargah’ were absent for the hearing. Hence, the Court has given clear directive that if they remain absent for the next hearing, the matter will be heard ex parte.

Representatives of ‘Hazrat Sayyed Baleshah Peer Dargah Trust’, encroaching on Government land in Uttan Dongri, Bhayander (W), absent from hearing.

If absent for the next hearing, the petition will be heard unilaterally. – Mumbai H.C.

A case of encroachment of Government’s… pic.twitter.com/NhP425Azie

— Sanatan Prabhat (@SanatanPrabhat) July 29, 2024

Judicial fight by Advocate Khush Khandelwal to free the Government owned mangroves land at Uttan, Bhayandar

1. A 100-feet dargah (a Muslim mausoleum) was illegally constructed by the trustees of the Hazrat Sayyed Baleshah Pir Dargah Trust at 70,000 feet height on a hilly Government owned mangrove land in Bhayandar (W). On realising that illegal construction of dargah was done 3 years ago by encroachment, advocate Khush Khandelwal registered a written objection to the Upper Tehsildar office on 18^th April 2023.

2. Mira – Bhayandar Municipal Corporation was continuously receiving complaints about this matter. Hence, the Upper Mira-Bhayandar Tehsildar Office awakened but did not take a strict action. Subsequently, Advocate Khush Khandelwal filed a PIL in the Bombay High Court, alleging that the administrator of this dargah has occupied Government land and illegally constructed a dargah here.

3. Responding to the Court order of 27^thMarch 2024, District Collector of Thane, Additional Tehsildar of Mira – Bhayandar and the Commissioner of Mira-Bhayandar Corporation filed an affidavit that ‘Hazrat Sayyed Baleshah Pir Dargah’ had encroached on Government land and constructed the dargah illegally. The daragh trust had been given notice in the last hearing to be present for the hearing of 24^thJuly 2024 by the Court. But the representatives
of the dargah trust were absent on the date.

4. Taking note of their absence, the bench of Chief Justice Devendra Upadhyay and Justice Amit Borkar, gave a last chance to the trustees and gave them a notice to be present for the next hearing. They clarified that if no one is present on behalf of the trust for the next hearing, the matter will be heard ex parte.