The Supreme Court closed the proceedings on an interim plea after taking note of the submissions of Maharashtra authorities that the demolition drive conducted to remove alleged unauthorised structures on government land around the tomb of Afzal Khan, the commander of the Adil Shahi dynasty of Bijapur, has been completed.
Now the demolition drive has been carried out and hence, so far as the interim application (challenging the demolition) is concerned, actually nothing survives, a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said while disposing of the interim plea of Hazrat Mohd Afzal Khan Memorial Society against the demolition drive.
It, however, kept the main appeal of the society pending for adjudication against two Bombay High Court orders asking the state government to demolish the illegal structures in and around the tomb. The Society had claimed the demolition could damage the tomb.
The top court had on November 11 sought reports from the district collector and the deputy conservator of forests of Satara in Maharashtra on the demolition drive conducted to remove alleged unauthorised structures on government land at the site.
At the outset, the bench perused the reports filed by the district collector and the deputy conservator of forests of Satara besides the pictures of the demolition drive and said they showed the extent of illegal constructions on forest land.
Senior advocate N K Kaul, appearing for the state government, said the tomb of Afzal Khan and another grave, which was found during the demolition drive, are untouched and protected. Kaul said that two 'dharamshala', built illegally on the government land, have been demolished.
Afzal Khan was killed by Maratha king Chhatrapati Shivaji Maharaj near the Pratapgad Fort in Maharashtra's Satara district and a tomb was built there in his memory later. The demolition exercise started in the early hours of Thursday.