SC Issues Notice Over Mumbai Gurudwara Demolition

The Supreme Court on Thursday issued a notice in response to a petition seeking contempt proceedings against officials from the Municipal Corporation of Greater Mumbai (MCGM) over the demolition of a Gurudwara.

A bench of Justices BR Gavai and KV Viswanathan directed the maintenance of the status quo in the matter until the next hearing and issued notices to the concerned respondents.

The petitioner, Pravin Jivan Walodra, represented by Advocate Soumya Priyadarshinee, accused the MCGM officials of violating a previous Supreme Court order.

This order, issued on September 17 and October 1, 2024, had explicitly prohibited demolitions of properties without prior permission from the Court. Walodra’s petition claims that the demolition, which took place on October 15, 2024, was in direct contravention of these interim orders.

According to the petitioner, the demolition of the Gurudwara violated the right to shelter, which is protected under the Constitution of India. Walodra pointed out that the MCGM officials, without seeking approval from the Court, proceeded with the demolition, citing the structure’s location on a public road.

However, this reason had not been recorded in any official communications or documents provided to the petitioner, raising concerns about the legitimacy of the claim.

The petitioner further stated that the Gurudwara, which had been managed and inhabited by his family for years, was not an illegal structure. He claimed that his family, along with their predecessors, had peacefully resided in the building since 1955. This was supported by documentary evidence showing that property taxes had been regularly paid for both the land and the structure.

In the petition, Walodra emphasized that the demolition violated both the interim orders and his constitutional rights. He argued that the actions of the MCGM officials were not only unlawful but also an unjustified disruption to a long-established place of residence and worship.

Court’s decision to issue notice and maintain the status quo reflects the seriousness of the issue at hand. The case now awaits further proceedings, and the Court has directed that no further demolitions take place without its express permission.

This case highlights concerns regarding the balance between municipal regulations and the protection of individual rights, particularly when religious and residential structures are affected.

The final outcome will have implications for how such disputes are handled in the future, especially with regard to the enforcement of Court orders and the rights of citizens under the Indian Constitution.

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