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The Bombay High Court has strongly reprimanded the Thane Municipal Corporation for its failure to demolish an unauthorized mosque, despite previous orders from the court. The case, initiated by the New Shree Swami Samartha Borivade Housing Company Pvt Ltd, involved the petitioner's concern over the illegal structure's continued existence, despite the court's instructions.

On March 10, a division bench comprising Justices A S Gadkari and Kamal Khata directed the Thane Municipal Corporation to complete the demolition of the mosque within two weeks after the conclusion of the holy month of Ramzan, with a final deadline set for April 14. The court rejected the corporation’s explanation that strong opposition from a mob had hindered the completion of the demolition work.

Court Stresses Law Enforcement Responsibility

In its order, the Bombay High Court emphasized the importance of enforcing the law in a democratic state. "In a democratic State, no person or group can oppose the law and refuse to comply with it for any reason," the court remarked. The justices made it clear that it is the responsibility of law enforcement agencies to ensure that citizens follow the law and that violations, as well as any opposition to the law, would not be tolerated.

The court further stressed the necessity for law enforcers to instill in the public a strong understanding that violation of the law will not be excused. "It is necessary for the law enforcers to imbibe in the minds of citizens that violation of the law and opposition to its implementation will not be countenanced or tolerated," the bench stated.

Failure to Act on Court Order

Despite the court’s clear directive, the Thane Municipal Corporation had failed to take effective action to demolish the mosque within the stipulated time frame. The corporation’s claim that mob opposition had delayed the demolition was dismissed by the court as unacceptable. The court emphasized that the rule of law must be upheld at all costs, regardless of external pressures.


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