SC okays demolition at 400-yr-old Ahmedabad mosque
The Supreme Court upheld the partial demolition of Ahmedabad's Mancha Masjid for road widening, citing public interest while preserving the mosque structure.
New Delhi
The Supreme Court on Friday upheld the Gujarat high court’s decision allowing the partial demolition of the 400-year-old Mancha Masjid complex in Ahmedabad to facilitate a road-widening project, observing that the action was driven by public interest and not a violation of religious freedom.
A bench of justices Surya Kant and Joymalya Bagchi noted that only a portion of the vacant land and a platform adjacent to the mosque were being cleared, while the mosque structure itself would remain intact. The bench also underlined that a temple, a commercial establishment and a residential property were similarly earmarked for demolition as part of the same development plan.
“Article 25 (right to practice and profess religion) is not attracted in this case. It is the property rights that get attracted,” remarked the bench during the hearing, emphasising that the matter did not concern the right to practise religion but rather the issue of property and compensatory relief. “A bona fide public interest which is beneficial to the entire city is beyond any doubt,” the bench said.
Advocate Warisha Farasat, appearing for the Mancha Masjid Trust, argued that the municipal authorities’ order did not refer to any such bona fide public interest and was therefore arbitrary. She contended that the mosque, registered under the Mancha Masjid Trust, is a protected waqf property and that the demolition order failed to consider an earlier high court order, rendering it per incuriam (delivered without due care).
The bench, however, rejected the contention, making it clear that the mosque structure would not be touched. “They have also dismantled a temple, one commercial property and one residential house – which is an issue of extreme hardship. All this is happening for the betterment of the city,” said the court, adding that the petitioners’ grievance ultimately boiled down to whether they were entitled to compensation.
While referring to the landmark Ismail Faruqui judgment (1994), Farasat argued that the mosque’s significance warranted special protection. The bench, however, observed: “You cannot say it is the only mosque where you can perform namaz,” reiterating that the public project could not be stalled on that ground.
In its order, the bench said: “In view of the categorical stand taken by the state authorities and the decision of the high court that only a part of the vacant land and a platform are to be demolished, we see no reason to interfere with the judgment, especially when a temple, a commercial and a residential property have also been earmarked for demolition for road widening.”
The court, however, kept open the question of whether the property qualifies as a waqf property, noting that the issue could be determined in appropriate proceedings for the purpose of compensation.
The decision effectively affirms the Gujarat high court’s September order, which had refused to stay the Ahmedabad Municipal Corporation’s (AMC) notice to vacate part of the mosque premises in Saraspur to enable road widening. The high court had ruled that the AMC had acted within its powers under the Gujarat Provincial Municipal Corporations (GPMC) Act, and that the Waqf Act provisions did not apply since the action was taken under a special statutory power.
The 400-year-old mosque, believed to have been built during the Mughal era, is an important religious and cultural landmark for the local Muslim community. Over the centuries, it has undergone several renovations and is formally registered under the Mancha Masjid Trust.
The trust had earlier argued that the mosque’s heritage and sanctity must be preserved, pointing to alleged procedural lapses in the AMC’s demolition order.
