Maharashtra
,
Naya Nagar
,
Palghar
Published :
May 2024
|
Updated :
17 'illegal' shops demolished in Naya Nagar near Mumbai, days after communal clashes in Mira Road
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
17
Households affected
82
People affected
2024
Year started
Land area affected
17
Households affected
82
People Affected
2024
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Naya Nagar, a community largely dominated by Muslims and with origins of communal harmony, experienced communal tensions through out the week of consecration of Ram temple in Ayodhya in January 2024.

On the night before the consecration (January 22), a rally with provocative slogans was carried out by Hindu groups in Naya Nagar. This led to violent clashes between the two groups. The clashes left 10 motorbikes and four vehicles damaged and 13 people were named and arrested in an [FIR filed by the police](https://www.thehindu.com/news/cities/mumbai/13-arrested-over-violence-in-naya-nagar-near-mumbai-ahead-of-ayodhya-consecration-ceremony/article67766656.ece#:~:text=Thirteen persons were arrested after,the Ram Temple in Ayodhya.).

A day after the violent clashes, Hindu groups carried out several rallies in Naya Nagar, leading to violent attacks on [vehicles and shops owned by Muslim communities](https://scroll.in/article/1062772/they-saw-a-muslim-name-and-attacked-how-hindutva-mobs-ran-amok-on-mira-road#:~:text=By evening%2C Hindutva supporters conducted,Kashimira%2C Navghar and Naya Nagar.).

After the clashes, on 23 January 2024, the Mira Bhayander Municipal Corporation (MBMC) conducted a demolition drive in the Naya Nagar area, demolishing 17 structures. The shopkeepers claim that the demolitions were done [targeting the Muslim community](https://scroll.in/article/1062772/they-saw-a-muslim-name-and-attacked-how-hindutva-mobs-ran-amok-on-mira-road#:~:text=By evening%2C Hindutva supporters conducted,Kashimira%2C Navghar and Naya Nagar.) and [without serving notices](https://scroll.in/article/1062772/they-saw-a-muslim-name-and-attacked-how-hindutva-mobs-ran-amok-on-mira-road#:~:text=By evening%2C Hindutva supporters conducted,Kashimira%2C Navghar and Naya Nagar.) as mandated by the law.

Deputy Municipal Commissioner Maruti Gaikwad of MBMC said that notices are not mandatory for demolish structures on footpaths, gutters or other places of civic bodies. Local activists claimed shop owners possessed legal documents and pointed out that while the [Maharashtra Municipal Corporations Act, 1949](https://lj.maharashtra.gov.in/Site/Upload/Acts/(02) The Mah. Municipal Corporation Act (H-4062).pdf) empowers the corporation to conduct demolition drives, it does require the commissioner to serve notices and provide time to produce proof for appeal against demolitions.

It is important to note that the demolitions were carried out a day after Deputy Chief Minister Devendra Fadnavis had said on social media platform X that he had asked the police to “take strictest action against the culprits” for the violence on Sunday night.

The police picked up 15 more people on January 23. They are facing charges under Section 307 (attempt to murder).

On 21 March 2024, a writ petition was filed in the Bombay High Court seeking action against BJP MLAs Nitesh Rane, Geeta Jain (Maharashtra) and T Raja (Telangana) for allegedly delivering hate speeches and inciting the violence which erupted in January in Naya Nagar.

On 8 April 2024, the High Court asked the police to review the recordings and transcripts of the alleged hate speeches delivered by Rane, Jain, and Raja. Following which, the police registered criminal cases against BJP MLAs Nitesh Rane and Geeta Jain for alleged hate speeches. The FIRs invoked sections 153A (promoting enmity between groups on ground of religion etc.), 504 (intentional insult with intent to provoke) and 506 (criminal intimidation) and other sections of the Indian Penal Code (IPC).

On 23 April 2024, the High Court directed the State to file an affidavit by June 12 detailing the 13 cases that have been registered and steps taken. The HC will hear next on June 19 a petition filed by five residents including Aftab Siddiqui, Ashfak Shaikh and three others including two who alleged they are victims of violence.

Since the communal clashes and demolitions of shops, the Muslim community in the region fear arbitrary action targeting one community by the Municipal Corporation and state authorities.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Commercial

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Mira Bhayander Municipal Corporation; Mira Bhayandar Police Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Shubham Kothari

Shubham is a housing rights activist based in Mumbai. He has a post graduate from the Tata Institute of Social Sciences, Mumbai in urban policy and governance.

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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Complaint against procedural violations

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Commercial

Whether the project was stalled due to land conflict

Source/Reference

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