Gujarat High Court Issues Contempt Notice To Junagadh Municipal Commissioner For Defying SC Orders, Demolishing '300-Yr-Old' Dargah
The Gujarat High Court issued a contempt notice to Junagadh's Municipal Commissioner and the Senior Town Planner after prima facie observing that the officers acted in “defiance” of the Supreme Court's order and the state government's policy by demolishing Hajrat Jok Alisha Dargah which is stated to be 300-years-old.
A division bench of Justice A.S. Supehia and Justice R.T. Vachhani observed:
“Prima facie, at this stage, we are of the opinion that the respondents have acted in defiance of the directions of the Supreme Court and the Policy dated 19.04.2024. Since liberty is reserved in favour of the respective High Courts to proceed in Contempt if any of the directions issued by the Supreme Court are violated, we deem appropriate to call upon the respondents. Issue NOTICE to the respondent Nos.1 and 2 making it returnable on 28.07.2025”.
The court was hearing a Contempt petition moved by Hajrat Jok Alisha Dargah through its trustee, alleging deliberate disobedience of the Supreme Court's order of 31.01.2018.
It was claimed that despite directions of the Supreme Court, the Senior Town Planner, Vivek Kiran Parekh, issued a notice on 31.01.2025, calling upon the Dargah authorities to submit necessary documents and evidence about the construction and ownership of the land, failing which the Dargah would be demolished as an unauthorised structure.
The petitioner responded on 30.02.2025, citing the Supreme Court's directions and urging him to undertake the necessary exercise for regularisation as per the Supreme Court's directions.
Subsequent notices were issued, and the last show cause notice was issued on 09.04.2025, which was responded to on 15.04.2025. Despite the replies, the Dargah was demolished by the Junagadh Municipal Corporation on 17.04.2025.
Counsel appearing for the petitioner submitted that the 300-year-old Dargah was registered in 1964 and under the Jurisdiction of the Gujarat State Waqf Board, and the notice issued by the Nagarpalika was without any jurisdiction. The Counsel then argued that the applicant submitted the replies and pointed out the relevant circulars and the Government Resolution of 19.04.2024 issued in line with the Supreme Court orders, which mentions the removal, relocation and regularisation of unauthorised constructions carried out in the name of Temple, Church, Mosque or Gurudwara etc.
He further submitted that as per the State's Policy, the entire exercise is required to be undertaken by the Committee and the Nodal Officer is also required to be appointed by the Committee to undertake the necessary exercise of verification of the disputed structure. However, in the present case, the Nagarpalika demolished the Dargah without following the required procedure or Supreme Court directions and the Policy of the State Government, the counsel said.
The Court then noted that the Supreme Court in its 2009 interim order had directed that no unauthorised construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc., on public streets, public parks or other public places.
It had directed States and Union Territories to review existing structures on case-by-case basis and take appropriate steps. In Special Leave Petition No. 8519 of 2006, the Supreme Court issued final directions and then transmitted the records to the respective High Courts, allowing them to supervise, ensure compliance with the order and initiate contempt proceedings for any violations of the order.
The Court further noted that subsequently the State Government introduced a policy dated 19.04.2024 in compliance with the orders of the Supreme Court and directed Municipal Commissioners and District Collectors to form committees within 10 days and appoint Nodal Officers to oversee the removal, relocation or regularisation of unauthorised religious structures.
Furthermore, it noted, in this case, Senior Town Planner issued notice on 31.01.2025 to the Dargah to submit necessary documents, to which the applicant responded on 03.02.2025, citing the Supreme Court's directions, submitting the relevant records of ownership and also pointing to the proceedings before the High Court.
The applicant also pointed out the land revenue entries and the religious importance of the Dargah constructed prior to 1947. It was also pointed out that the concerned Dargah was registered under the Gujarat State Waqf Board.
The Court then noted that despite this, further notices were issued by the Senior Town Planner, and the last notice was issued on 09.04.2025 to remove the disputed structure within a period of 5 days. The applicant again replied to the said notice on 15.04.2025, reiterating the request and pointing out that the Dargah had been there for the last 300 years; nevertheless, the structure was demolished on 17.04.2025.
The high court thus issued notice to the concerned officers and listed the matter on July 28.
Case Title: Hajrat Jok Alisha Dargah Through Its Trustee Solanki Arifbhai Mahmadbhai vs Dr. Om Prakash, Municipal Commissioner & Anr.
Case Number: MCA (For Contempt) 1437 of 2025