The Crossbill Team
The Supreme Court on Wednesday (April 18) stayed the demolition of an alleged illegal structure surrounding the Hazrat Satpeer Sayed Baba Dargah in Nashik, following a notice issued by the Nashik Municipal Corporation (NMC).
The court also questioned the Bombay High Court’s registry over the delay in listing the Dargah Trust’s plea seeking protection against the demolition, The Indian Express reported.
A bench comprising Justices P.S. Narasimha and Joymalya Bagchi passed the interim order after senior advocate Navin Pahwa, appearing for the Dargah Trust, informed the court that despite repeated attempts, the Trust’s writ petition filed on April 7 was not listed for urgent hearing by the High Court. The NMC’s demolition notice, dated April 1, had directed the removal of the structure within 15 days, raising concerns that the demolition could proceed by April 15.
The apex court took note of the urgency after reports emerged that tensions flared on Tuesday night, with clashes breaking out between police and locals when civic officials attempted to begin the demolition process at the site located in Kathe Galli, Nashik.
Expressing concern over the alleged delay by the High Court in responding to urgent pleas, the Supreme Court said, “We are unable to understand as to what transpired from April 9 till today (April 16).”
It emphasized that the decision to grant interim protection was taken based on the senior counsel’s specific statement that daily efforts were made to have the matter listed.
“We have taken this extraordinary measure in view of the specific statement of the senior counsel that efforts were made every day for getting the case listed. We are unsure of the statement made and that the High Court would not have listed the case despite repeated requests,” the bench remarked, reported the newspaper.
The court further stated that the counsel would bear responsibility for the accuracy of his claims and asked the Registrar General of the Bombay High Court to submit a report on the listing status of the Dargah Trust’s petition.
The matter has been posted for hearing on April 21.
The court also questioned the Bombay High Court’s registry over the delay in listing the Dargah Trust’s plea seeking protection against the demolition, The Indian Express reported.
A bench comprising Justices P.S. Narasimha and Joymalya Bagchi passed the interim order after senior advocate Navin Pahwa, appearing for the Dargah Trust, informed the court that despite repeated attempts, the Trust’s writ petition filed on April 7 was not listed for urgent hearing by the High Court. The NMC’s demolition notice, dated April 1, had directed the removal of the structure within 15 days, raising concerns that the demolition could proceed by April 15.
The apex court took note of the urgency after reports emerged that tensions flared on Tuesday night, with clashes breaking out between police and locals when civic officials attempted to begin the demolition process at the site located in Kathe Galli, Nashik.
Expressing concern over the alleged delay by the High Court in responding to urgent pleas, the Supreme Court said, “We are unable to understand as to what transpired from April 9 till today (April 16).”
It emphasized that the decision to grant interim protection was taken based on the senior counsel’s specific statement that daily efforts were made to have the matter listed.
“We have taken this extraordinary measure in view of the specific statement of the senior counsel that efforts were made every day for getting the case listed. We are unsure of the statement made and that the High Court would not have listed the case despite repeated requests,” the bench remarked, reported the newspaper.
The court further stated that the counsel would bear responsibility for the accuracy of his claims and asked the Registrar General of the Bombay High Court to submit a report on the listing status of the Dargah Trust’s petition.
The matter has been posted for hearing on April 21.
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