Must for authorities to make people abide by law of land: Bombay HC

Mumbai: It is necessary for law enforcers to "imbibe in the minds of citizens" that violation of law will not be tolerated, the Bombay High Court has said rapping the Thane Municipal Corporation for failing to demolish an unauthorised mosque.

A division bench of Justices A S Gadkari and Kamal Khata on March 10 directed the Thane civic body in Maharashtra to demolish the illegal structure within two weeks after the holy month of Ramzan ends and complete the process by April 14.

The court also refused to accept the corporation's contention that due to strong opposition from a mob, the demolition work could not be completed.

"In a democratic State, a person/ group of persons or an association cannot be even permitted to say that it will not follow the law of the land and will oppose it on any ground," the HC said.

It is the duty of the law enforcers to make people abide by the law of the land, the court said.

"It is also necessary for the law enforcers to imbibe in the minds of the citizens that the violation of law and/or opposition to implement the law by the State will not be countenanced and/or tolerated," the bench added.

The HC passed the order on a plea filed by New Shree Swami Samartha Borivade, a private housing company, which claimed that a mosque and a prayer hall were illegally and unauthorisedly constructed on a land owned by it in Thane district.

As per the plea, one Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust encroached upon the petitioner's land measuring 18,122 square metres since 2013 and constructed a ground-plus-one structure that included a mosque and a prayer hall.

The Thane Municipal Corporation (TMC) in January directed the trust to demolish the structure within a period of 15 days, failing which action would be taken.

Earlier this month, the TMC informed the HC bench that partial demolition of the structure was carried out, but due to resistance from followers/devotees offering prayer, further demolition could not take place.

TMC's counsel Ram Apte told the court that a large mob had gathered at the place due to which full demolition of the unauthorised structure could not be done.

The corporation said the balance demolition work would be done four weeks after the conclusion of the Ramzan month.

The HC wondered what steps the corporation took to prevent the construction of such a huge unauthorised and illegal structure.

The bench directed the TMC to demolish the illegal and unauthorised mosque and prayer hall within two weeks of the completion of Ramzan month.

The court noted that the trust has submitted it would not oppose the demolition of the illegal structure.

"We make it clear that the corporation shall undertake the balance demolition work immediately after the holy month of Ramazan ends and shall complete it by April 14," the HC said.