Durgadi Fort Dispute: Kalyan Court Rules Fort is Maharashtra Government Property, Not a Mosque; Muslim Trust to Appeal

After a 48-year-long legal battle, the Kalyan Civil Court has ruled that Durgadi Fort is owned by the Maharashtra government, dismissing claims made by the Majlis-E-Mushawarat Trust. The court stated that the Trust's claims were time-barred, and upheld the state's ownership of the historic fort. The dispute dates back to 1976 when the Muslim Trust filed a suit claiming ownership of the fort, citing the presence of a mosque and an Eidgah within the premises, alongside a Hindu temple dedicated to Goddess Durga. However, the fort has been under state government administration since 1966, following a report by the Thane District Collector indicating the presence of a Hindu temple.

The case, which has seen ongoing tension due to its religious and cultural significance, had been in legal limbo for decades, with the court maintaining a status quo for 58 years. In 1994, the state government was granted permission to carry out repairs on the fort, which was later transferred to the Kalyan Municipal Corporation for maintenance. Due to the KMC’s failure to upkeep the fort, the state government once again assumed control, making prior permission from the state mandatory for any activities or events at the site.

The court dismissed the Trust's plea to transfer the case to the state Waqf Board and rejected claims of undue delay, with the judge citing a lack of sufficient justification for the delay in hearings and the examination of evidence. Trust Chairman Sharifuddin Karte expressed dissatisfaction with the ruling, arguing that the case should not have been dismissed after 32 years without hearing evidence, and vowed to challenge the verdict in a higher court, presenting evidence spanning over two centuries. In light of the verdict, the police have heightened security in Kalyan and around the fort due to heightened tensions. Local organizations, including Hindu Manch and Shiv Sena, celebrated the court’s decision by performing a symbolic ‘aarti’ at the temple within the fort. Kalyan Shiv Sena chief Ravi Patil also emphasized the fort's historical importance, recalling its capture by Chhatrapati Shivaji Maharaj in 1656, and reaffirmed the Hindu community's longstanding connection to the site.