Kalyan Court Rules Durgadi Fort as State Property; Muslim Trust Plans to Appeal

Click to start listening
Kalyan Court Rules Durgadi Fort as State Property; Muslim Trust Plans to Appeal

Thane, Dec 11 (NationPress) Concluding a lengthy 48-year legal dispute, the Kalyan Civil Court has determined that the contested Durgadi Fort is the property of the Maharashtra government, dismissing claims made by the Majlis-E-Mushawarat Trust.

Following the ruling, authorities from the Trust announced their intention to appeal the decision in the Bombay High Court.

Kalyan Court Senior Division Civil Judge A. S. Lanjewar found that the Trust's claims were time-barred and also affirmed the state government's ownership of the hilltop fortress.

The Muslim Trust had filed suit in 1976, asserting that a Muslim prayer hall (mosque) and an Eidgah were located within Durgadi Fort, which also contains a Goddess Durga temple, thus claiming ownership.

The conflict emerged after a report from the Thane District Collector in 1966, which highlighted the existence of a Hindu temple within the Fort, even as the historic site was managed by the state government since that year.

Over the last five decades, Durgadi Fort has remained a contentious issue due to its historical, cultural, and religious importance to both Muslims and Hindus. However, the court has maintained a status quo for the past 58 years, as noted by state government pleader Sachin Kulkarni.

Three decades ago (1994), the court permitted the state Public Works Department (PWD) to conduct essential repairs to the fort, which features two bastions, on the premise that it was state property. The state later transferred responsibility for its maintenance to the Kalyan Municipal Corporation (KMC).

Due to the KMC's failure to meet maintenance obligations, the state government reclaimed control, necessitating prior government approval for any events or activities at the site.

Kulkarni informed the media that the judge considered the unreasonable delay in proceedings as a significant factor in dismissing the case and also rejected the Trust's request to transfer the matter to the state Waqf Board.

Trust Chairman Sharifuddin Karte argued that no hearings had occurred in the past 32 years, no evidence had been reviewed, and criticized the sudden ruling on December 10, which deemed the case as “time-barred”.

He described the situation as entirely unjust and stated intentions to appeal the ruling, presenting evidence dating back over two centuries.

Kalyan Zone III Deputy Commissioner of Police Atul Zende announced that, considering the strong sentiments following the court ruling, security measures have been heightened in the town and at Durgadi Fort.

President of the Hindu Manch and petitioner Dinesh Deshmukh stated that the Kalyan Court has dismissed all claims from the Muslim Trust, including the proposal to transfer the case to the Waqf Board.

In the aftermath of the verdict, Shiv Sena, Hindu Manch, and other organizations conducted a symbolic ‘aarti’ at the Durgadi Fort temple.

Ruling Mahayuti ally Shiv Sena Kalyan chief Ravi Patil remarked that Durgadi Fort has a rich history, having been visited and later seized by Chhatrapati Shivaji Maharaj from the Nizam rulers in 1656.

Subsequently, the late Balasaheb Thackeray, known as the 'Hindu Hriday Samrat', visited in 1971 and dismissed the Muslim community's claims, asserting that the Eidgah inside the fort is merely a wall, while the temple is significantly older.