Ahmedabad: The Gujarat High Court on Tuesday rejected a petition by the Katariya Usmangani Hajibhai Trust, which had challenged the government’s order to demolish a Dargah built on NHAI (National Highways Authority of India) land near National Highway No. 27 in Anandpar village, Rajkot.

Justice Aniruddha P. Mayee upheld the district collector’s decision, ruling that the Dargah/Mazar of Sufi Saint Hazrat Jalal Shah Pir stands on government wasteland, which was lawfully acquired under the National Highways Act, 1956, for highway expansion. The court noted that although the petitioner is a registered Waqf and public trust, it failed to establish any legal ownership or rights to construct a new structure at the site.

The trust argued that the Dargah, registered as Waqf property since 1963, was over a century old and needed protection from rainwater damage due to surrounding roadworks. They claimed that the construction was only to safeguard the grave and had Gram Panchayat approval, without obstructing highway traffic.

However, government pleader G. H. Virk countered that the trust was attempting to build a larger structure encroaching on the highway’s “right of way,” which posed a safety risk. The court agreed, stating that unauthorized structures on public land designated for infrastructure projects could not be permitted.

Dismissing claims of discrimination, the court pointed out that the petitioner had failed to prove that other illegal structures, such as temples, were being overlooked. Finding the demolition order legal and justified, the court refused to grant interim relief to the trust. DeshGujarat