Gujarat HC acts against officials for demolishing 300-year-old dargah
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Ahmedabad: The Gujarat High Court on Friday issued a contempt notice to former Junagadh Municipal Commissioner Om Prakash and Senior Town Planner Vivek Kiran Parekh for allegedly defying a Supreme Court order and a state government policy by demolishing a centuries-old dargah in April.
The Jok Alisha Dargah, located at Gandhi Chowk in Junagadh and claimed to be around 300 years old, was demolished on April 17 despite an ongoing legal case and representations made by its trustee regarding its religious and historical significance. The court directed the officials to respond to the contempt notice by July 28, the next date of hearing.
A division bench comprising Justices A.S. Supehia and R.T. Vachhani observed that the demolition appeared to be in violation of a 2018 Supreme Court ruling on unauthorised religious structures and a related 2024 policy issued by the Gujarat state government. According to the Supreme Court directive, no unauthorised religious structure should be permitted on public land, and existing ones must be reviewed individually. The state policy further mandates that committees and nodal officers be appointed to deal with such matters.
Despite these guidelines, the Senior Town Planner had issued a notice on January 31 asking the dargah trustees to provide proof of ownership within three days. The trustee submitted the required documents on February 3, also referencing the Supreme Court’s order and the ongoing High Court proceedings.
A final notice was served on April 9, demanding the removal of the structure within five days. The trustee responded on April 15, again asserting the historical and religious significance of the dargah. Nevertheless, the demolition proceeded two days later.
The contempt petition was filed by the dargah trustee under the Contempt of Courts Act, 1971, alleging that the demolition was carried out despite the matter being sub judice. The petitioner further noted that the dargah has been registered under the Gujarat State Waqf Board since 1964 and that annual Urs celebrations, including the use of loudspeakers, have been conducted with official permissions.
According to the plea, the civic authorities ignored both judicial directives and due legal process while executing the demolition, prompting the court to intervene and seek accountability.
