Defying SC, HC orders, Waqf Tribunal stays demolition of dargah on road

Source: The Hitavada      Date: 04 Oct 2018 10:21:27


 

Staff Reporter,

 

NMC shocked by modus operandi of Dargah committee members who promised removal by Monday, then moved HC and parallely obtained ex-parte stay from Waqf Board tribunal

Ignoring the pending proceedings before the High Court in which no relief was granted to Baba Haider Ali Shah Dargah in front of Lakadganj police station, the Waqf Board Tribunal has granted ex-parte stay to demolition of said dargah on Monday itself, shocking everyone.
These stay orders granted by the Waqf Board run counter to the Supreme Court’s order of 2009, which prohibits any court/tribunal from passing an order against its direction for demolishing illegal constructions on roads and footpaths.


Ironically, when the Nagpur Municipal Corporation team went to demolish this Dargah which is right in the middle of the road, the committee members promised to remove the same within two days, but backtracked and knocked the doors of the High Court where no relief was given.
In a clever trick, the very same petitioner then obtained ex-parte stay to demolition to Baba Haider Ali Shah Dargah.


A division bench consisting of Justice Bhushan Dharmadhikari and Justice Murlidhar Giratkar, while hearing the petition filed by Sheikh and by Azam Shah Panch Committee, did not grant any relief and also expressed displeasure over this development.


The NMC team was shocked by mischief played by office-bearer of the Dargah committee and strongly countered its claim that a very small portion of road was being occupied by it and made another audacious claim that it situated on a private property and was 150 years old. Even the High Court refused to accept additional affidavit sought to be placed on record. Azam Shah Panch Committee located right at busy Chandrashekhar Azad Chowk at Central Avenue contended that it was 20 years old and situated on private land.In fact, the Waqf Board has already been issued contempt notice by High Court for its similar indulgence in a pending matter when demolition notices were issued to Medina Mosque and Madarsa in Mahal and an illegally constructed mosque on a land for graveyard in Sonegaon area, and granted ex-parte stay to demolish these structures. Interestingly enough, out of these two structures, one was given registration as Waqf only on July 12 and the very next day its prayer for staying NMC's notice was granted. The other body Noorani Masjid was declared Waqf in 2010, after Supreme Court order.


This double-standards adopted by NMC in case of these two dargahs which are standing right in the middle of the road, posing obstacles to traffic and going by the orders of Supreme Court and recent orders of High Court where no protection, whatsoever, had been granted to any religious shrines, old or new, standing on road and footpath, the corporation had to do lot of explaining on Thursday to High Court about its soft approach in demolishing these two structures vis-a-vis very ruthless action against temples and Buddha vihars.


The High Court on Monday had refused any interim relief and had asked the petitioner to inform on how it planned to relocate the dargahs which pose obstruction to smooth flow of traffic. The next hearing is now slated on Thursday.
Adv Shreerang Bhandarkar appeared for the petitioner while Adv Sudhir Puranik (NMC), GP Sumant Deopujari (State) represented State.