Bombay HC Questions Forest Department's Stand In Yeoor Dargah Eviction Case, Grants Interim Relief

Mumbai, July 21, 2026: The Bombay High Court has questioned the Forest Department's conduct in initiating eviction and demolition proceedings against the Hazrat Peer Mamu Bhanje Dargah in Yeoor, Thane, observing that the authorities could not take contradictory stands after leading the court to believe that an appeal remedy was available.

Justice N.J. Jamadar was hearing a petition challenging a final eviction notice issued on July 9, 2026, by the Assistant Conservator of Forest (North), Yeoor.

The notice directed the dargah trust to remove an alleged unauthorised structure on forest land within eight days, failing which the Forest Department would demolish the construction and recover the costs from the petitioner.

Petitioner Challenges Demolition

Counsel for the petitioner informed the court that the authorities had already begun demolition on the basis of the notice. He argued that the action was contrary to an earlier order of the High Court dated July 2, 2026, in which the court had disposed of a previous petition after recording that an appeal against the Assistant Conservator's 2023 order was available before the Range Forest Officer. The petitioner had also stated that such an appeal had already been filed.

However, in the fresh eviction notice, the Forest Department stated that the reference to an appeal in the 2023 order had been made inadvertently and that no such appellate provision actually existed.

Court Questions Contradictory Stand

The court found this stand troubling. "This Court is disconcerted with the course adopted by the Respondents in making the Court believe a certain state of affairs and pass orders on the basis of those representations," Justice Jamadar observed.

The judge noted that the 2023 order had clearly mentioned the availability of an appeal and that the High Court had declined to exercise its writ jurisdiction because an alternative remedy was said to exist.

"It is incontrovertible that such a statement was made in the order... in black and white," the court said, adding that the authorities could not later disown the statement by claiming that no appeal was available.

Justice Jamadar further observed, "The petitioner could not have been left in the lurch by taking such an ambivalent stand."

The court said that had it been informed earlier that no appeal was available, it could have considered whether to exercise its powers under Article 227 of the Constitution.

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Interim Relief Granted

Issuing notice to the respondents, the court granted ad-interim relief staying further coercive action until the next hearing on August 10, 2026. The respondents have been directed to file their reply by August 6.

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