Mumbai: The Maharashtra State Human Rights Commission (SHRC) slammed the Brihanmumbai Municipal Corporation (BMC) for filing a “vague and casual” affidavit in a serious matter concerning alleged illegal construction at the 60-year-old Anjuman Jama Masjid in Malwani, warning that such an approach makes it “impossible to remove unauthorised structures.”
Commission Highlights Unauthorized Structure
“Even the photograph placed on record by the complainant clearly shows a RCC permanent structure having more than Ground + 2 storeys. It is very difficult to understand how photo-pass can be issued to such type of structures. The affidavit filed by the Corporation is vague. It is surprising how the Commissioner has filed such an affidavit in such a serious matter,” the Commission observed.
BMC Seeks More Time for Detailed Affidavit
The SHRC further remarked that if this is the manner in which matters are handled in the Corporation, “it is impossible to remove any unauthorised structures.”
Advocate Sagar Patil, appearing for BMC, sought time to file a detailed affidavit along with specific action proposed against the alleged illegal construction.
BMC’s Claims and Warning
In its affidavit, the BMC stated that as per the 2000 government cutoff, no slum encroachments after January 1, 2000, are eligible for regularization. It claimed that the Anjuman Jama Masjid at Gate No.8, Gaikwad Nagar, Jari Mari, Saki Naka (Mumbai) was originally a 14-feet Ground + 2 structure, but site inspection revealed illegal height expansion beyond permissible limits.
The BMC warned the masjid trustees to remove the unauthorised extensions immediately, failing which municipal authorities would demolish the structure at the trust’s cost and initiate criminal action under the Maharashtra Slum Act, 1971.
Origins of the Complaint
The case was initiated on a complaint filed by Advocate Kaushik Mhatre on behalf of Ajay Chavan, alleging that during Eid-ul-Fitr prayers on April 11, 2024, the masjid management blocked both sides of a major public road adjoining Gate No. 7, Malwani, Malad (West), preventing vehicular and emergency access for over two hours.
Police and Civic Support to Religious Body Questioned
The complaint alleges that police personnel actively barricaded the road, effectively surrendering public access to a religious body. Video evidence was submitted to the Commission showing complete road closure.
It was also pointed out that DCP Zone 11 Anand Bhoite, in his affidavit, admitted that police allow the trust to block the road and that the BMC even provides ambulance and fire brigade support during namaz — a revelation that shocked the Commission.
Legal Concerns Over Road Occupation
Advocate Mhatre argued that Malwani alone has 40 temples, 8 Buddhist viharas, 5 masjids, 2 dargahs, 4 madrasas, 8 churches, one gurudwara and 3 Jain temples, and if such road occupations are allowed uniformly, “it would be impossible for anybody to even walk on the street.”
He also questioned under which legal provision BMC was providing official civic support to religious bodies for street prayers.
SHRC Interim Orders
In its interim order, the SHRC directed the BMC to clarify whether any formal permission was granted for the construction of the masjid and to specify the timeline for demolition if found illegal. .
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“Only the Additional Municipal Commissioner must file the next affidavit. Mumbai Police Commissioner Vivek Phansalkar must state exact timelines for issuing directions to stop road blockages. Complainant allowed to file additional affidavit, “reads the orders.
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