Mumbai
After 48 years, a big decision has been taken regarding the historical Durgadi Fort of Kalyan. The Kalyan Civil Court has dismissed a suit filed by a Muslim trust claiming ownership of the Idgah (prayer site) inside Durgadi. The court has given its verdict in favor of the Maharashtra government. Civil Judge Senior Division AS Lanjewar said it has been determined that the trust’s claim is invalid as it failed to file the suit within the period of three years after the alleged eviction, which is required under the Limitation Act.
The legal battle over the ownership of the Durgadi Temple and Idgah located in the Durgadi Fort has been going on since 1976. The case was filed by Majlish-e-Mushawareen Majeed Trust. A civil court on Tuesday rejected the petition filed by the Muslim community at the Durgadi Namaz site and declared it as Thane Collector (Maharashtra government) land.
Muslim Trust will go to Bombay High Court
Trust officials said they would appeal against the order in the Bombay High Court. This controversy was first raised in Maharashtra by late Balasaheb Thackeray. Later Shiv Sena official Anand Dighe raised this issue. Anand Dikhe, his disciple Eknath Shinde was vocal about this issue.
Ownership given to Maharashtra Government
After the Muslim Trust’s claims were rejected, leaders of Hindu organizations fighting the case as well as leaders of Shiv Sena, Bharatiya Janata Party and Shiv Sena UBT expressed happiness over the court’s decision. Since Durgadi Fort is historical and ancient, the Government of Maharashtra declared it a heritage property in 1971. Along with this, the possession and ownership of Durgadi Fort will remain with the state government.
Took the premises on lease, became the owner
The Trust wanted the government to declare the Durgadi Idgah and temple as its property, as the local Muslim community actively used it for prayers until 1968. According to the lawsuit, at that time the government had leased the premises to the Kalyan Municipal Council. Shri Durgadi Devi Utsav Samiti Kalyan and some Hindu citizens of Kalyan city had filed an application in the Civil Court.
Meanwhile, in 2018 the Muslim Trust filed an application in the Kalyan Civil Court to transfer the claim to the Waqf Board, Aurangabad (Sambhajinagar). In this suit, he claimed that the right to decide on his claims falls under the Waqf Board.
‘Muslims converted the temple into a mosque’
The Magistrate Court passed an order on the said application and rejected his claim to transfer the case to the Waqf Board. Hindu Manch president Dinesh Deshmukh claims that available records show that there is a Durga temple at Durgadi Fort. Muslims call it Idgah, it is actually a fort wall.
Credit given to Balasaheb Thackeray
BJP MLA Ravindra Chavan said in a press conference that he hoped the state government would implement the court order on the matter in the coming days. Local officials of Shiv Sena and Sena UBT also welcomed the decision. He claimed that the credit for the favorable outcome of the legal battle goes to late Balasaheb Thackeray.
what is the whole matter
Till 1968, both the communities used the temple and mosque at this place, but after that there was a dispute. After this, in the year 1967, worshiping here was also banned. Maharashtra Government issued orders regarding Durgadi Fort in 1968. According to the order of the state government, the Muslim side was ordered to offer namaz only for two days on Ramzan, Eid and Bakrid. Then in 1976, a Muslim organization called Majlis filed a claim that Sadar Fort is not a temple but a mosque. The claim was pending for many years. Later the Majlis declared the land as Waqf property. The court was hearing against the claim of Majlis for almost 48 years. After this the court gave its verdict in favor of the state government.
