Bombay High Court refuses to stop demolition of illegal dargah in Thane

Encroachment spread across 17,000 square feet

Thane – The Bombay High Court has refused to halt the demolition of the Gazi Salauddin Rahmatullah Hole dargah in Thane. What was once a 160-square-foot structure had unlawfully expanded to occupy 17,000 square feet. (How did the administration remain asleep while such large-scale encroachment took place? Inactive officials involved in this case must also be severely punished. – Editor) The Court also noted, “Permission cannot be granted under the pretext of managing crowds visiting the site.”

🛑Bombay High Court Refuses to halt the Demolition of Illegal Dargah in Thane

📌More than 17,000 square feet encroached by the dargah

🗣️While the illegal dargah must be demolished, the builders must also be punished severely — this is what the public feels!

👉How could such… pic.twitter.com/Wu4OnQfDF2

— Sanatan Prabhat (@SanatanPrabhat) July 27, 2025

Court observations:

1. The Court said it cannot accept a structure as legal merely based on footfall or the number of visitors. The Court cannot permit illegal occupation of land.

2. The Trust never purchased the land nor obtained legal permission for construction. A public notice by the Charity Commissioner cannot be treated as proof of ownership or control over the land.

3. This land belongs to a private individual who had earlier won a civil encroachment case. On 5 April 2025, the Thane Civil Court clearly ruled that the Trust had illegally encroached on the property.

4. In its reply to the notice, the Trust failed to present any substantial argument and did not actively participate in the hearings. As a result, the High Court dismissed the petition filed by the Trust.

Background of the case:

The Gazi Salauddin Rahmatullah Hole dargah in Thane district was declared illegal by the Municipal Corporation, which ordered its demolition. The Trust challenged the demolition order in the Mumbai High Court. However, in May 2024, the Court rejected the Trust’s arguments and upheld the Municipal Corporation’s decision. The Trust then approached the Supreme Court, which allowed it to file a fresh petition in the High Court to seek relief. But even then, the Trust failed to prove the dargah’s legality.