‘Shocking, unfortunate’: Bombay high court on demolition of AIMIM corporator’s properties in Sambhajinagar

CHHATRAPATI SAMBHAJINAGAR: The Aurangabad bench of the Bombay high court on Friday expressed strong displeasure over the demolition of properties linked to AIMIM corporator Mateen Patel by the Chhatrapati Sambhajinagar Municipal Corporation, observing that the civic body's action appeared "shocking and unfortunate" as an assurance had been given before the court that due process would be followed before taking coercive action.

The matter was urgently mentioned before the vacation bench on Friday by advocates Krushna Rodge and Abhaysinh Bhosle, appearing for Patel as well as Hanif Khan, the owner of the house where a TCS employee had stayed while evading arrest by the Nashik police. The TCS-Nashik employee was accused in a case of alleged sexual harassment and religious coercion.

Justice Vaishali Patil-Jadhav made the observations after it was brought to her notice that the demolition of Patel's home, his office as well as one Hanif Khan's home was carried out by a team led by civic body's Santosh Wahule without following due process.

"Yes, it is indeed shocking and unfortunate. The statement was made in open court and also in the presence of the officer concerned," Justice Patil-Jadhav said, referring to the earlier assurance.

The petitioners' counsel submitted that during a hearing on May 12, assistant govt pleader Sambhaji Tope, in the presence of civic official Santosh Wahule, had assured the court that any action would strictly follow due process. However, despite issuing a 24-hour notice, the civic body allegedly conducted the demolition around 6am on May 13 — hours before the notice period expired around noon.

The lawyers argued that the action was "deliberate, misleading" and amounted to a breach of the undertaking given before the high court. The HC allowed the petitioners to amend their pleas through a separate civil application and scheduled further hearing for May 18.

The demolition drive, carried out on Wednesday morning, targeted Patel's house, office and Khan's residence, with authorities deploying around 105 police personnel, nearly 100 civic staff, 10 JCBs and multiple heavy vehicles. The action followed allegations that the TCS employee had stayed on the premises for several days.

The operation triggered further controversy after a neighbouring building material shop owned by Amjad Khan and a house belonging to Patel's father were also razed. Amjad Khan claimed his shop had valid permissions under the Gunthewari regularisation scheme and alleged losses exceeding 20 lakh.

He later submitted a representation to municipal commissioner Amol Yedage seeking compensation and action against demolition squad chief Santosh Wahule, alleging that his property was demolished without prior notice.

Following the drive, advocate Bhosle accused the civic body of contempt of court and violation of Supreme Court and high court guidelines governing demolition of alleged illegal structures.