2 weeks ago
Gujarat High Court stops demolition of century-old burial ground
Imagine a very old cemetery that people have used for a hundred years.
Government officials said the people taking care of the land were using it without permission.
They told the caretakers to tear down the buildings by a certain time, or else officials would do it themselves.
The caretakers went to a very important court called the Gujarat High Court to ask for help.
The court said the officials were moving too fast.
It explained that the officials' own earlier decision gave people 90 days to appeal, and that time had not even started yet.
So the court stopped the demolition just in time, on the very same day the deadline was about to end.
That means the old cemetery and its religious buildings get to stay safe for now.
The Gujarat High Court cancelled an order to demolish a century-old Muslim burial ground and other religious structures at Ghogha in Bhavnagar district.
The court ruled that the local revenue authority moved to enforce demolition before the 90-day appeal window against its own underlying order had opened.
The Khankah-e-Khizar A S Waqf Committee, which manages the 'Qabrastan', was served final notice on August 10 with a deadline of 5 pm on August 11.
Revenue officials had branded the Waqf committee an 'unauthorised encroacher' and warned the structures would be knocked down 'without any further notice'.
The High Court granted relief on August 11, the same day the demolition deadline was to expire.
This is a last-minute intervention by the court in a case involving a century-old religious site.
- Who
- The Gujarat High Court, the Khankah-e-Khizar A S Waqf Committee, and the local revenue authority.
- What
- The court cancelled an order to demolish a century-old Muslim burial ground and other religious structures.
- Where
- Ghogha in Bhavnagar district, Gujarat.
- When
- The relief was granted on August 11; the final demolition notice was served on August 10 with a deadline of 5 pm on August 11.
- Why
- Because the revenue authority moved to enforce demolition before the 90-day appeal window against its own underlying order had even opened.
Waqf Committee and Court Position
Revenue Authority Position
Status of the structures
Waqf Committee and Court Position
The century-old burial ground and religious structures are managed by the Khankah-e-Khizar A S Waqf Committee and deserve protection.
Revenue Authority Position
Revenue officials branded the committee an 'unauthorised encroacher' and ordered the structures demolished.
Timing of enforcement
Waqf Committee and Court Position
Demolition was premature because the 90-day appeal window against the underlying order had not even opened.
Revenue Authority Position
The committee was given only until 5 pm on August 11 to remove the encroachment itself, failing which officials would demolish it without further notice.
Key facts
- Court
- Gujarat High Court
- Subject
- Century-old Muslim burial ground ('Qabrastan') and other religious structures
- Caretaker
- Khankah-e-Khizar A S Waqf Committee
- Location
- Ghogha, Bhavnagar district, Gujarat
- Final notice issued
- August 10
- Demolition deadline
- 5 pm, August 11
- Relief granted
- August 11
- Reason for ruling
- Enforcement before 90-day appeal window opened
Sources
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