The local court order was issued after the trust challenged a demolition notice issued by the Ulhasnagar Municipal Corporation
ULHASNAGAR — A 34-year-old mosque and madrasa in Maharashtra’s Ulhasnagar has received temporary relief from a local court after the management challenged a demolition notice issued by the municipal authorities declaring the religious institution illegal.
The dispute concerns Madrasa and Mosque Ahle Sunnah Barakatiya, which has been operating in Camp No. 3, Ulhasnagar, since 1992 under the management of the Ahle Sunnah Barakatiya Trust. The institution has been conducting religious and educational activities in the area for more than three decades.
According to the trust, the Ulhasnagar Municipal Corporation issued a notice on June 10 directing the management to submit a reply within seven days regarding the mosque, madrasa and the residential quarters occupied by the imam.
Trust officials said they submitted a written response within the prescribed period. However, they alleged that the municipal administration neither accepted their explanation nor addressed the issues raised in their reply. Instead, according to the trust, the civic body issued another notice, again granting seven days and declaring the structures unauthorised while initiating demolition proceedings.
The action triggered concern among members of the local Muslim community, particularly at a time when demolition actions involving mosques and madrasas in different parts of the country have drawn public attention and legal challenges.
Following the notice, the trust’s president, Rizwan Khan, approached the court seeking protection against the proposed demolition.
The matter came up before the court of Civil Judge Senior Division Rohini Ashok Jadhav on Wednesday, The court examined the preliminary submissions and documents presented by both sides.
After hearing the initial arguments, the court directed that the existing situation at the site be maintained until further orders. The interim order protects the mosque, madrasa and the imam’s residence from any immediate demolition action.
According to court records, the petitioner argued that the municipal corporation’s notice was contrary to established legal requirements and procedural safeguards.
The petition stated that the proposed action was not only inconsistent with the relevant provisions of the Maharashtra Municipal Corporation Act but also violated legal principles laid down by higher courts.
During the hearing, advocate Uzair Naje, appearing for the petitioner, argued that under Section 260 of the Maharashtra Municipal Corporation Act, 1949, authorities are required to provide at least 15 days’ notice before proceeding with demolition action.
He informed the court that the municipal corporation had provided only seven days, which, according to the petitioner, fell short of the statutory requirement.
The court considered this argument significant during its preliminary assessment. In its observations, the court noted that the proposed action did not appear, at first glance, to fully satisfy the legal requirements governing such proceedings.
The court further observed that if the structures were demolished while the matter remained pending before the court, the main purpose of the litigation would be defeated. It also noted that such action could create complex legal complications at a later stage.
Taking these factors into account, the court granted interim protection and ordered both parties to maintain status quo until the matter is considered further.
The order has provided temporary relief to the trust and local residents associated with the mosque and madrasa, who had expressed concern over the possibility of immediate demolition.
The court has directed the Ulhasnagar Municipal Corporation to submit its reply to the petitioner’s application seeking temporary injunction by June 30.
The matter is expected to come up for further consideration after the civic body files its response. The court’s final decision will determine the future course of action regarding the disputed structures.
For the time being, the mosque, madrasa and the imam’s residence will remain protected under the court’s status quo order, pending further proceedings.
