Public safety and adherence to land acquisition laws take precedence over claims of historical significance in unauthorized construction cases.

JUDGMENT :

1. The present Special Civil Application has been filed praying for the following reliefs:-

“10(A) THIS HON’BLE COURT MAY BE PLEASED TO admit and allow this petition by issuing the writ of mandamus or any other appropriate writ, order or direction to quash and set aside the impugned order dated 27^th January, 2025 issued by the respondent no.2 annexed as Annexure-A.

(B) Pending admission and final hearing of this petitioner, this Hon’ble Court may be pleased to stay the execution, implementation and further operation of impugned order dated 27^th January, 2025 issued by the respondent no.2. annexed as Annexure-A.”

2. The brief facts of the present case are that, the petitioner is a trustee of the Hazrat Jalal Shah Pir Dargah Trust [“Trust” for short]. That the said Dargah/Mazar is constructed on the grave of Sufi Saint Hazrat Jalal Shah Pir which is integral part of the kabristan of muslims of Anandpar Village and some of surrounding villagers. That the Dargah/Mazar on the grave of the said Sufi Saint was constructed and renovated from time to time in order to preserve it. The said Dargah/Mazar has lots of devotees and annual Urs is also being conducted and celebrated there. That the said Dargah/Mazar is registered as Wakf Estate bearing Waqf ID GJ031348 and Aukaf register Sr. No.031148 which is registered on 26.03.1963. The said Dargah/Mazar is in existence since ancient time and has historical significance. That the said Dargah/Mazar is situated on the Rajkot-Ahmedabad National Highway No.27. The said Dargah/Mazar is clearly separated by the service road as well as is 15 feet away from the main highway. That due to construction of National Highway and other surrounding developments, the Dargah/Mazar and surrounding area became uneven creating a descending flow from the highway towards the Dargah/Mazar and due to such condition, during monsoon, the water flows from the road and enters in the Dargah/Mazar. Therefore, the Trust decided to renovate the Dargah/Mazar and to construct the proper flooring and structure so that the grave of the Sufi Saint can be prevented from the damage. For the said purpose, necessary permission was sought from Shri Anandpar (Navagam) Gram Panchayat and the permission came to be granted by the said Gram Panchayat vide letter dated 03.04.2024. That the construction is about to get completed and during such process, no hindrance or disturbance has been caused by any person and all the necessary safety precautions have been taken to ensure that there no disturbance to the traffic of the highway as might be caused. That the notice dated 09.01.2025 came to be issued by the respondent No.2 Dy. Executive Engineer. Thereafter, subsequently, the respondent No.2 Dy. Executive Engineer issued a subsequent notice dated 18.01.2025 to remove the structure under construction. That thereafter the petitioner made a detailed representation on 24.01.2025 which came to be decided by the order dated 27.01.2025.

Aggrieved, the petitioner has filed the present Special Civil Application.

3. Learned counsel for the petitioner submitted that the Dargah/Mazar is an ancient structure. The said Dargah/Mazar is registered as Wakf Estate bearing Waqf ID GJ031348 and Aukaf register Sr. No.031148 on 26.03.1963. The said Dargah/Mazar is also registered under the Public Trust Act having serial No.B-148. The said Dargah/Mazar is also allotted PAN No.AADTH0545E by the Income Tax Department. Being the shrine of Sufi Saint Hazrat Jalal Shah Pir Valiullah, it has its own significance and has a history of more than 100 years. He submits that the said Dargah/Mazar is situated near the National Highway No.27, but it is at a distance of several feet from the boundary of the last lane of the said Highway and is separated by service road as well as open space of more than 15 feet. He submits that due to the construction of the National Highway and other surrounding developments, the surface of the said Dargah/Mazar and surrounding area beca