The Supreme Court on Monday stepped in to prevent the imminent demolition of the Bale Shah Peer Dargah in Uttan near Mumbai, following a public statement by Maharashtra Revenue Minister Chandrashekhar Bawankule that the structure would be razed “by May 20”.
A Bench comprising Chief Justice B R Gavai and Justice A G Masih ordered status quo, effectively staying any demolition activity, and issued notice to the State of Maharashtra in response to a petition filed by the Balpeer Shah Charitable Trust, which manages the Dargah.
The petitioners argued that despite the absence of any official demolition notice, public statements by the Minister in the State Assembly and a recent police communication indicated that demolition was imminent.
“It’s unfortunate that I have to approach your lordships. There is no demolition notice. Minister makes statement in assembly that demolition will be done!” the counsel for the Dargah told the court.
The petition submitted that the Dargah, which is over 100 years old, has been “illegally” categorised as an “unauthorised religious structure” by state authorities. The Trust claimed to have sought formal registration of the property in 2022 and has been managing the Dargah for decades.
According to the petition, the Bombay High Court’s vacation bench “wrongly rejected” the applications for urgent hearing moved on May 15 and 16. The Trust argued before the Supreme Court that this denial failed to consider the urgency of the matter, particularly in light of a police notice dated May 15.
The notice warned Trust members not to obstruct the demolition process, which the State had declared would take place by May 20.
The petitioners contended that the absence of any legal demolition order or due process—such as a notice or opportunity to be heard—violated their rights.
“The High Court failed to appreciate that the writ petition filed by the Petitioner may become infructuous by the time it is heard,” the petition stated.
The Supreme Court will next hear the matter in four weeks. It has directed the Maharashtra government to file its response in the meantime.