Illegal Dargah on the Rajkot-Ahmedabad highway demolished after HC declares it unauthorised construction on encroached govt land
The Gujarat High Court, in a recent judgment, refused to protect a dargah located on the Rajkot-Ahmedabad highway from demolition. The court observed that the dargah was built on a government-owned and such unauthorized construction on the highway cannot be allowed because of security. The dargah trust argued that it was a waqf property, but could not prove ownership. Following the High Court order, the local administration demolished the dargah on Friday (April 4).
The case is related to Hazrat Jalal Shah Pir Dargah, which was located in Anandpar village on the Rajkot-Ahmedabad National Highway. In January 2025, a notice was issued to the dargah as it was constructed on government-owned land near the highway. The dargah trust approached the High Court, but the court refused to grant relief. Subsequently, a special civil application was filed by the trust seeking quashing of the High Court order.
The Dargah Trust argued that the Dargah is a part of the graveyard of Anandpar and some surrounding villages and has been under construction and maintenance from time to time. Many people visit this dargah, and ‘Urs’ is also celebrated. It was argued that the Dargah was registered as a ‘Wakf Estate’ in March 1963 and is also registered in the Wakf Register. It was also argued that the Dargah has ‘historical importance’.
The petition argued that the dargah is separated from the highway by a service road and is located about fifteen feet away from the highway. The argument put forward for the renovation of the dargah was that due to the construction of the National Highway and its surroundings, the area had become elevated and during the monsoon, water from the road used to enter the dargah. Therefore, the trust decided to renovate the dargah, for which permission was also taken from the Gram Panchayat. But in January, a notice was issued to remove it.
The trust’s lawyer claimed before the court that the dargah has also been inspected by the Archaeological Survey of India (ASI). Besides, it has also been recognized by the taluka and district panchayats, besides tax is collected and permission is given for Urs. It also has an electricity connection, and bills are also paid.
The lawyer termed the Dargah as a ‘Wakf property’ and said that as per the rules, a notice for demolition cannot be given to it because the Highway Authority has no ownership over the land on which the Dargah is situated. The dargah trust alleged discrimination by pointing out that a temple is located along the highway at one kilometre from this Dargah, but no notice has been given to remove it.
What did the state government say in court?
Responding to the trust’s claims, the state government clarified that the land in question is government-owned waste land, which was acquired for the construction of a highway under the provisions of the National Highways Act, 1956, as per the rules and after following due legal procedures.
While countering the argument regarding Waqf, the government lawyer stated that the April 2024 report of Waqf showed that the land has one house and two rooms, having an area of zero square yards. The trust was expanding the dargah through construction, and due to this, the highway land was being encroached. This would have led to permanent obstruction of traffic. Besides, the ASI also informed the trust in April 2005 that the dargah had no archaeological importance, as it was not found to be an ancient site.
The government lawyer further argued that construction in the dargah was being done in violation of the rules, and requested the court to declare the writ petition filed to protect illegal construction and encroachment on the National Highway as null and void.
A representation was made to declare the land as Waqf property, but the matter is still under consideration: Court
After hearing the arguments of both sides, the court ruled that the trust is registered in the Waqf Board, but the land in question is not. The Waqf Board has made applications to the government to declare the land in dispute as a waqf property, which are currently under consideration. It added that the land where the cemetery was located is government waste land. The petitioners have given some details in support of their arguments, but the fact remains that the land is government waste land and was acquired for the construction of the Rajkot-Ahmedabad Highway under the National Highways Act.
The court clarified that the land is neither owned by the trust nor has it been declared as a waqf property yet. The trust has also admitted before the court that it has filed applications at several places to declare the land as a cemetery or to declare the cemetery as a waqf property. The court also said that the property is neither of archaeological importance nor has it been declared as a waqf property. Merely because it has been used as a cemetery for a long time and representations have been made by the trust to declare it a cemetery earlier, it does not become a cemetery.
Regarding the trust’s arguments about the permission of the Gram Panchayat, the court noted that the land comes under the Rajkot Urban Development Authority, and no documents have been presented to show that any permission was taken from the authority.
Only talk about temples not being given notice, no supporting evidence presented
The court also rejected the dargah trust’s allegation of discrimination and said that unless some concrete evidence or facts are presented in this regard, it cannot be taken into consideration. Besides, the trust did not bring anything on record to oppose the fact that the land belongs to the Highway Authority, and the construction has been done in a way that obstructs the ‘right of way’ as per the construction rules. The court further said that despite being given sufficient time and opportunity, the petitioners have not been able to prove the ownership of the land.
The court held that such unauthorized constructions on the National Highway land create an obstruction to traffic and need to be removed in the public interest. It added that merely using the land for a specific purpose does not mean that permission is given to have its permanent ownership. Even if the trust is registered as a public trust and has a PAN number, it remains the case that the trust does not have any legal right over the land. The trust also must ensure that no obstruction is created on the National Highway and that traffic is not obstructed by unauthorized constructions.
Following these observations, the court dismissed the special civil application and upheld the previous order of January 2025.
After the court gave this order on April 2, the local administration removed the unauthorized construction on the highway on April 4.
In the presence of tight police security and high-ranking officials, the construction was removed and the road was paved.
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