Factual Matrix 

In the matter of Samasth Sunni Muslim Trust v. State of Gujarat, a civil lawsuit was brought under Article 226 of the Indian Constitution by a trustee of the Samasth Sunni Muslim Trust against the Senior Town Planner of the Junagadh Municipal Corporation for the removal of the Dargah’s illegal encroachment on a public road that has been present for more than a century.

Argument Advance

The petitioner alleges that the Senior Town Planner, Junagadh Municipal Corporation, Office of the City Survey Superintendent, and Collector respondent authorities had initiated an unlawful demolition effort that targeted the religious structures of the minority population. The Jangalshah Pir Dargah was unlawfully demolished on April 13, 2023, by the Junagadh Municipal Corporation under the pretence of beautifying the Narsinh Mehta Lake, without following the rules of natural justice, and since other illegal demolitions have been discovered.

The respondent Claim that the premises of Hazrat Jamiyalsadatar Dargah and Hazrat Gebansha Pir Dargah were affixed on the premises of Datar Bapu Dargah, stating that the Dargah was encroaching on the public road. 

Analysis of Court Decision 

The Gujarat Provincial Municipal Corporations Act, 1949’s Sections 210 and 266 will be used to remove the Dargah if the documents are not submitted within five days as instructed by the single judge bench of the Gujrat high court, Justice Vaibhavi D. Nanavati. So, in violation of the GPMC Act, the Waqf Act of 1995, and the Places of Worship Act of 1991, the petitioner was wronged by the illegal and unconstitutional demolitions. a hearing date was scheduled for the issue on 27 June 2023.