Maharashtra
,
Naya Nagar
,
Palghar
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
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
Updated 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
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?

Author
Reported by
Shubham Kothari

Maharashtra

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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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

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 Sagar Kujur

Updated by

Updated by

Published on

May 19, 2024

June 3, 2024

Edited on

May 19, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

2024

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

17

People Affected by Conflict

82

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

82

Households Affected by Conflict

17

Land Area Affected (in Hectares)

ha

Starting Year

2024

Location of Conflict

Naya Nagar

Palghar

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict 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.

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

Type of Common Land

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?

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Maharashtra Municipal Corporations Act, 1949
Chapter V-A [The provisions under this chapter give broad powers to the Commissioner of the Municipal Corporation to evict persons from premises of the corporation. The Commissioner is required to issue notice in writing for all affected parties.]
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

Yes

What was the claim(s)/objection(s) raised by the community?

a) Residents sought action against MLA Nitish Rane, MLA Geeta Jain, and Legislator T Raja for allegedly delivering hate speeches in January at Mira Road, Govandi, Ghatkopar, and Malvani. b) They demanded compensation against losses of legal shop owners

What was the Decision of the Concerned Government Department?

Police registered criminal cases against BJP MLA Nitesh Rane and MLA Geeta Jain for alleged hate speeches after the Bombay High Court directed them to take action after reviewing the recordings and transcripts of their speeches.

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/dispossession of land

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

Bombay High Court

Name(s) of the Court(s)

Bombay High Court

Case Number

WP-ST-6503 & 6586-2024

Main Reasoning/Decision of court

On 23 April 2024, the High Court noted that the police have registered C.R. no. 259/2024 against Nitesh Rane, Smt. Geeta Jain for the alleged offences punishable under Sections 153A, 153B, 143, 504 and 506 of the IPC and Section 37(1) r/w Section 135 of the Maharashtra Police Act. C.R No. 298/2024 was registered against Bhagwan Thakur for the offence punishable under Sections 153A, 188, 504 and 506 of the IPC. Regarding the violence that took place on Mira Road, the police stated that 13 CRs were registered in the said case. The case is next set to be heard on June 19, 2024.

Major Human Rights Violations Related to the Conflict:

Physical attack

Reported Details of the Violation:

On the night before the consecration of Ram mandir in Ayodhya a rally was taken out with provocative slogans in the Naya Nagar, a Muslim-dominated neighbourhood in Mira Bhayander Municipal Corporation. The rally was attacked by miscreants damaging four cars and 10 motorbikes. The day after this incident, several Hindu groups attacked motor vehicles and shops belonging to the Muslim communities. The police have arrested 19 people and charged them with attempt to murder and inciting violence amongst different groups.

Date of Violation

January 22, 2024

Location of Violation

Naya Nagar, Mira Bhayander

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?

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:

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

A bulldozer flattens shops in Naya Nagar.

Image Credit:  

Scroll

Image Credit:  

Video

Indian Express

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