The Bombay High Court has granted interim relief to Mumbai’s Tehzeeb Islamic English School, staying the Brihanmumbai Municipal Corporation’s (BMC) demolition drive after the civic body began razing parts of the building in the presence of BJP leader Kirit Somaiya and his supporters.
The school, located in Govandi and run by the Scholar Education Trust, caters to around 600 students, most of whom come from economically weaker families.
Demolition Began Amid ‘School Jihad’ Allegations
The BMC launched the demolition drive on July 14, maintaining that the four-storey structure was illegal. BJP leader Kirit Somaiya, who was present during the operation along with his supporters, described the building as an “illegal seminary” and repeatedly referred to it as a case of “school jihad” in several social media posts before the demolition.
Mumbai Police personnel were deployed at the site during the civic action.
Somaiya said the demolition was part of his campaign against what he described as illegal school buildings in Mumbai.
School Trust Challenges BMC Action
The Scholar Education Trust challenged the demolition order before the Bombay High Court, alleging that the action was politically motivated and targeted the institution unfairly.
In its petition, the trust claimed there were “many political vendettas” behind the demolition drive and alleged that “the legal system has completely failed” Muslims due to what it described as deliberate administrative hurdles.
The trust also argued that the BMC violated the Supreme Court’s requirement of providing a 15-day period before carrying out demolition. Referring to Somaiya’s campaign against schools in slum areas, it said the Maharashtra government had earlier assured a policy to regularise such educational institutions.
Trust Says Building Is Structurally Safe
The school management told the High Court that the authorities had failed to establish that the building fell under the C-1 category, which is reserved for structures considered extremely dangerous and requiring immediate demolition.
According to the trust, the building is structurally stable and continues to be used for educational purposes. It further argued that carrying out demolition during the monsoon season was contrary to Maharashtra’s disaster management guidelines.
High Court Grants Interim Relief
After hearing the matter, the Bombay High Court granted interim protection to the school and directed the BMC to stop the demolition until the trust’s appeal is heard.
The court also questioned the urgency shown by the civic body and sought to know why demolition was initiated while the school was still pursuing its legal remedies.
The matter will now be heard further before the High Court, which will examine the legality of the BMC’s demolition order and the school’s challenge to the action.
