Gujarat HC refuses to quash removal notice of dargah next to Mani Mandir in Morbi

Gujarat High Court has refused to quash and set aside the notice to remove the alleged illegal construction of 'Mota Peer Dargah', which is claimed to be around 300 years old and situated within the compound of ‘Wagh Mahal’/ ‘Mani Mandir’. The dargah is adjacent to ‘Mani Mandir in Morbi. 

A single judge bench of the high court observed that notice issued by Executive Engineer, Roads and Building division, Morbi on November 11 cannot be stated to be illegal since the unauthorised construction of dargah in question cannot be declared as situated in a public place. 

No evidence supports the claim of  historical religious significance, and therefore at this stage direction to nodal officer to carry out survey is not necessary, the court noted.

The advocate appearing on behalf of petitioner - Fakir Hashmbhai submitted that dargah is situated on the campus of ‘Wagh Mahal’/ ‘Mani Mandir’, earlier having government offices. Hence, since the dargah in question is situated in a public place, the two government resolutions dated 22.01.2010 and 19.04.2024, would be applicable, and this religious structure deserves to be surveyed by the concerned nodal officer appointed for preparation of report to be placed before committee for removal or relocating this religious structure.

The court said that the petitioner is seeking declaration from this court that ‘Mota Peer Dargah’ is situated on ground to which public have or are permitted to have access, but failed to establish public’s enforceable right to enter and use the premises. After the Supreme Court's guideline in 2018, the state has not identified the unauthorised construction of dargah in question as the unauthorised religious structure in public place.

Also in few bills by Morbi Nagarpalika, the address of dargah was referred as Wagah Mahal Mandir. 

Under the lease agreement dated 20.12.2008, the property of ‘Mani Mandir’ admeasuring 10784 square metres and open land of Willington secretariat, admeasuring 21961 sq. mtrs known as ‘Mani Mandir’ was given to Queen Vijay Kuvarba for 20 years for the development of Museum.

As per the lease agreement, the ownership of the land and property remained with the government. The revenue record shows the land and ‘Mani Mandir’ in the ownership of the government. Therefore, if the contention canvassed on behalf of the petitioner is accepted, then it would amount to declaration of government land and property as public place, the court said. 

The government pleader submitted that it is an unauthorised construction of dargah on a government land. Opportunity was granted to provide documents which the petitioner failed. This is not property registered in PTR and managed by Waqf. It is the property managed by individual and therefore,

contention that it is attached to Muslim community, is not correct. Earlier notices were served to the petitioner; however, no reply was filed.

The property tax bill of 1981 and onwards, therefore, the assertion that dargah is 300 years old is not supported by any documents. Further, if the map annexed with assessment of property is perused, there existed no dargah; therefore, prior to 1981, no dargah was present on government land and it is nothing but encroachment by the petitioner. The initiation of

proceedings under Land Grabbing Act supports the case.

Earlier in 2022, a FIR was registered against the father of petitioner under provisions of land grabbing act who was the Munawar/ caretaker of the dargah.  However, due to death of father of the petitioner in 2024, the proceedings initiated under the provisions of Land Grabbing Act stood abetted. 

The petitioner submitted that ‘Wagh Mahal’ also known as ‘Mani Mandir’ constructed between 1934 and 1935 by the ruler of Morbi, Sir Waghji Thakor. At the time of construction of ‘Wagh Mahal’/ ‘Mani Mandir’ and even prior to that, there existed ‘Mota Peer Dargah’. The ‘Mota Peer Dargah’ is believed to be around 300 years old and situated within the compound of ‘Wagh Mahal’/ ‘Mani Mandir’. The dargah is adjacent to ‘Mani Mandir

It is claimed by the petitioner that - during earthquake in the year 2001, structure of ‘Mani Mandir’ was damaged and thereafter remained closed. In the year 2008, the State government gave ‘Mani Mandir’ on lease to Queen Vijay Kuvarba for 20 years for the museum and to be renovated to its original state.