19 July 2024 Property/Real Estate Law >> Property & Real Estate  

In a dramatic turn of events, a recent court order in the case of Maqbul Ahmed Mujawar & Others v/s The State of Maharashtra & Others has intensified the scrutiny surrounding the demolition of residential properties in the Vishalgad Fort area. Despite earlier judicial directives intended to protect the Petitioners, ongoing demolitions have prompted an urgent review. This new development underscores the heightened tensions and legal complexities of property rights amidst environmental and administrative concerns.

On February 28, 2023, the court had issued interim orders to halt any coercive actions against the Petitioners. However, the Petitioners have reported that demolitions continue unabated, prompting an immediate court intervention. The situation has been exacerbated by a video presented by the Petitioners' advocate, which depicts a tense law and order scenario in the affected area.

In response, the learned Assistant Government Pleader (AGP) has requested additional time to gather instructions. Nonetheless, the AGP provided a significant assurance: no residential premises in the Vishalgad Fort area will be demolished during the rainy season. This commitment is grounded in a Government of Maharashtra Circular and has been accepted by the court as an official undertaking.

To further investigate the claims and video evidence, the court has mandated the presence of the Senior Police Inspector from Shahuwadi Police Station at the next hearing. The Inspector will be required to clarify the actions taken by the police in relation to the issues highlighted in the video, which has been submitted to the AGP on a Pendrive.

The court has scheduled the next hearing for July 29, 2024, during which these matters will be further examined. The order will be digitally signed by the court’s Private Secretary or Personal Assistant, and all concerned parties are instructed to act on the digitally signed copy of the order sent via fax or email. As the legal and administrative drama unfolds, the case continues to attract attention, reflecting the intricate balance between property rights, administrative action, and environmental considerations.