Ahmedabad, Feb 4 (PTI) – The Gujarat High Court has dismissed a series of petitions that challenged notices for anti-encroachment actions on lands housing two dargahs, two cemeteries, and a madrassa in Devbhumi Dwarka district. The petitions, filed by the Bet Bhadela Muslim Jamat, contested the notices on the grounds that the structures were religious properties with significant community sentiments attached.
The bench, led by Justice Mauna Bhatt, clarified that the government had assured it would not carry out any demolition at Haji Kirmani Dargah, which was built in 1999 after obtaining the necessary permissions. The petitioner argued that the properties in question were Waqf lands, thus entitled to religious use, and claimed that the demolition notices were vague, without proper legal procedure, and were issued improperly under the Gujarat Municipalities Act’s Section 185.
The High Court, however, ruled that the petitions lacked merit and dismissed them, vacating any interim relief that had been granted earlier. Additionally, it refused to grant further interim relief to the petitioners. The court accepted the government's argument that according to Government Resolutions (GRs) issued in 1986 and 1989, land designated for cemeteries or crematoriums belongs to the state government. It further asserted that encroachments on such land are prohibited, with permission for only erecting fences after approval from the prant officer.
The government also referenced the 1989 GR, which stipulates that if such land is used for any purpose other than its designated one, the state can reclaim the land without notice. The government highlighted the geographical sensitivity of the area, citing its increasing role as a hotspot for anti-national activities, including the smuggling of narcotics, which has led to multiple FIRs.
The government’s submission included information about Pakistan's detention of 38 fishermen from Devbhumi Dwarka over the last three years, stating that these fishermen were subjected to religious indoctrination in madrassas during their imprisonment before being allowed to return to India.
The government argued that the cemetery land could not be converted into Waqf property and emphasized that the petitioner had no claim, authority, or interest over the disputed lands. Citing GRs from 1984 and 1989, it maintained that land allotted for specific purposes like cemeteries could not be transferred to any trust, committee, or Waqf under any circumstances.
The notices for anti-encroachment action were issued by Okha Municipality in December 2023 and January 2024. In response, the petitioner approached the Gujarat High Court, claiming that the lands in question were historically used for religious purposes, with Haji Kirmani Dargah constructed in 1999 after obtaining the required permissions from the local panchayat. The other disputed land, said to have been offered by the collector in 1967, houses Shaikhpir Dargah and is managed by the Bet Bhadela Muslim Jamat since 1953.
The government further asserted that the ongoing anti-encroachment drive had been progressing in phases, beginning on December 23, 2023. In the first phase, several encroachments, including houses near Siddhnath Temple, were peacefully removed, clearing 1,21,746 square meters of government land worth an estimated Rs 62.72 crore. The third phase of the drive commenced on January 18, 2024.
The government concluded its submission by highlighting that one of the structures in question is a madrassa situated in a cemetery. The authorities emphasized that religious activities cannot be permitted in a cemetery, particularly when the structure was not authorized for such use.
The court’s decision has brought clarity to the legal status of the lands in question, underscoring the state's authority in managing designated public land and maintaining order in the region.
The bench, led by Justice Mauna Bhatt, clarified that the government had assured it would not carry out any demolition at Haji Kirmani Dargah, which was built in 1999 after obtaining the necessary permissions. The petitioner argued that the properties in question were Waqf lands, thus entitled to religious use, and claimed that the demolition notices were vague, without proper legal procedure, and were issued improperly under the Gujarat Municipalities Act’s Section 185.
The High Court, however, ruled that the petitions lacked merit and dismissed them, vacating any interim relief that had been granted earlier. Additionally, it refused to grant further interim relief to the petitioners. The court accepted the government's argument that according to Government Resolutions (GRs) issued in 1986 and 1989, land designated for cemeteries or crematoriums belongs to the state government. It further asserted that encroachments on such land are prohibited, with permission for only erecting fences after approval from the prant officer.
The government also referenced the 1989 GR, which stipulates that if such land is used for any purpose other than its designated one, the state can reclaim the land without notice. The government highlighted the geographical sensitivity of the area, citing its increasing role as a hotspot for anti-national activities, including the smuggling of narcotics, which has led to multiple FIRs.
The government’s submission included information about Pakistan's detention of 38 fishermen from Devbhumi Dwarka over the last three years, stating that these fishermen were subjected to religious indoctrination in madrassas during their imprisonment before being allowed to return to India.
The government argued that the cemetery land could not be converted into Waqf property and emphasized that the petitioner had no claim, authority, or interest over the disputed lands. Citing GRs from 1984 and 1989, it maintained that land allotted for specific purposes like cemeteries could not be transferred to any trust, committee, or Waqf under any circumstances.
The notices for anti-encroachment action were issued by Okha Municipality in December 2023 and January 2024. In response, the petitioner approached the Gujarat High Court, claiming that the lands in question were historically used for religious purposes, with Haji Kirmani Dargah constructed in 1999 after obtaining the required permissions from the local panchayat. The other disputed land, said to have been offered by the collector in 1967, houses Shaikhpir Dargah and is managed by the Bet Bhadela Muslim Jamat since 1953.
The government further asserted that the ongoing anti-encroachment drive had been progressing in phases, beginning on December 23, 2023. In the first phase, several encroachments, including houses near Siddhnath Temple, were peacefully removed, clearing 1,21,746 square meters of government land worth an estimated Rs 62.72 crore. The third phase of the drive commenced on January 18, 2024.
The government concluded its submission by highlighting that one of the structures in question is a madrassa situated in a cemetery. The authorities emphasized that religious activities cannot be permitted in a cemetery, particularly when the structure was not authorized for such use.
The court’s decision has brought clarity to the legal status of the lands in question, underscoring the state's authority in managing designated public land and maintaining order in the region.
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