Civil court has refused to grant any stay to removal of an unauthorised religious shrine situated at Agrasen Square and found no substance in the claim made by the plaintiffs about its antiquity.
During the last drive when most illegal roadside shrines were removed, the larger portion of Hajaratbaba Saiyyad Murad Ali Shaha Rahematullah Allaih situated at Agrasen Square on Central Avenue was also removed, but the Mazar was spared.
The plaintiffs later claimed that the statement made by their counsel before the High Court to remove the structure was made without their consent. They claimed that the High Court had not passed any effective order to remove Dargah and even that order was challenged before the Supreme Court which granted permission to file a review petition.
Aggrieved by second notice issued by Nagpur Municipal Corporation (NMC) seeking police help to remove the Mazar, the plaintiffs sought stay to action claiming construction was authorised, their application to place the shrine in Category â€˜Bâ€™ of the list of shrines to be protected.
The plaintiffs also disputed that the existence of Mazar on busy Central Avenue was posing any obstruction to traffic.
The defendants strongly disputed the claim and pointed out that the High Court order had attained finality following orders of the Supreme Court. They also resisted the claim about inclusion of this shrine in Category â€˜Bâ€™ and justified the proposed action.
After hearing both the sides, Joint Civil Judge, Senior Division SN Shah, found no substance in the contention of plaintiffs and refused to grant any relief or stay to proposed action.
The High Court has already directed NMC, Nagpur Improvement Trust, and Nazul Department to remove all unauthorised and unprotected religious structures and those situated on road side and on footpaths after giving them a chance of relocation or Civil shifting.