Bombay HC slams Maharashtra govt, halts demolitions in Vishalgad Fort vicinity

Mumbai: The Bombay High Court on Friday slammed the Maharashtra government and ordered a complete halt to all demolition activities in the vicinity of Vishalgad Fort in Kolhapur, which was rocked by violence between two communities earlier this week.

A Division Bench comprising Justice BP Colabawalla and Justice FP Pooniwalla pointed out that the state government was flouting its own notification of razing structures during the monsoon season.

The judges questioned, “How can you raze structures during the rainy season?” and made it doubly clear that “no structure, be it a commercial one or a household should be demolished till further orders.”

At one point, Justice Colabawalla even warned that if there was any breach, the court would come down heavily on the government officers and “not hesitate to put the concerned officers in jail”.

It may be recalled that around 60-70 structures were pulled down in the Vishalgad Fort vicinity and even in the Gajapur Village, situated more than 3 km away from the fort, sparking communal tension and huge political activities.

The region witnessed a flare-up between the minority and majority communities on July 14 and the next day the state PWD officials launched the demolition drive.

Three locals from Vishalgad Fort area – Ayub Kagadi, Abdulsalam Malang and Murad Mahldar – have filed separate petitions on the violence, the alleged police inaction and the PWD’s demolitions – which were argued by advocate Satish Talekar.

Advocate Talekar informed the court about the clashes, then the bulldozing drive in the disturbed atmosphere in which homes, shops and other structures were flattened, how a huge mob of Right-wing ‘outsiders’ attacked the locals, climbed up and attempted to damage a local mosque, sparking huge tensions, with the police force present there doing nothing to stop the violence.

After watching some videos, the judges asked Kakade what action was taken on the violence, what was going on there and who were those men – who were referred to as ‘Shiv Bhakts’ by the petitioners.

The judges said that though the persons seen in the videos were not government officials, they strongly emphasised that “it was the state’s responsibility to maintain law and order”, and sought to know if any FIR was lodged or any action taken.

The judges further ordered the Senior Inspector of Police, Shahuwadi Police Station in Vishalgad Fort jurisdiction to remain “personally present in the court on July 29”, explain the entire situation and the action taken against those who indulged in violence.

The state government’s Chief Pleader Priyabhushan Kakade argued that the officials were razing only commercial structures not granted any protection by the courts, but the judges barred the authorities from demolishing any structure till the court’s further orders.