On November 28, the State of Maharashtra informed the Supreme Court's division bench that only the unauthorised structures surrounding Afzal Khan's tomb in Satara had been demolished, leaving the tomb alone. The division bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha examined the report and photographs submitted by the Deputy Conservator of Forests and District Collector, Satara, in response to an earlier direction issued by the Court.

Further Senior Advocate Neeraj Kishan Kaul stated that“ the tomb of Afzal Khan had not been touched and it was only 2 Dharamshalas with 19 rooms which were inside the forest land which had been demolished.”

They should be directed to reconstruct it since there cannot be fait accompli. My proceedings cannot be rendered infructuous due to the high-handedness of the state". The lawyer stressed that the tomb is a protected historic monument.

Taking into account the reports submitted by the State authorities, the bench dismissed the Society's interlocutory application against the demolition as infructuous. The bench noted that nothing remained after the demolition. However, the bench agreed to hear the main petition filed against the Bombay High Court's 2017 order.

The Bombay High Court was served with a Public Interest Litigation. The Court, among other things, determined that the tomb was located in a forest area and ordered its demolition. Following that, a contempt petition was filed, informing the High Court that, despite its order, the authorities had not removed the unauthorised constructions in the forest area, particularly in Pratapgarh. The High Court ordered the Government to file an affidavit detailing demolition activities carried out in accordance with specific specifications. The interim order was challenged before the Supreme Court. On the 27th of March, 2017, the Supreme Court requested that the contempt proceedings be postponed. On May 26, 2022, there were rumors that the said tomb was to be demolished.

Case Title: Hazrat Mohd. Afzals Khan's Memorial Society v. Milind Ramakant Ekbote And Ors.

Citation: SLP(C) No. 25320-25321/2012