AHMEDABAD: The Gujarat High Court, rejecting the four-week stay plea by the Mansa Masjid Trust, has cleared the way for partial demolition of a 400-year-old mosque in Ahmedabad to widen a road. The court ruled that the project serves 'public interest'.
The trust had challenged the road-widening notice issued by the Ahmedabad Municipal Corporation (AMC). The notice had ordered the mosque authorities to peacefully vacate part of the premises in Saraspur to make way for a city development scheme.
The decision comes amid simmering tensions over earlier demolitions of historic Muslim religious sites in Gujarat’s Gir Somnath district.
Justice Mauna M Bhatt, delivering the ruling, refused to stay the AMC’s order. The court also clarified that Waqf Act provisions do not apply in this case, as the Municipal Commissioner acted under special powers granted by the GPMC Act, rendering the plea legally 'untenable'.
The Mansa Masjid Trust, however, had strongly opposed the move. The petitioner’s advocate argued that an authorised trustee (Mutavali) of the Mansa Masjid Trust had filed the plea to challenge the AMC’s move to demolish a portion of the Mancha Masjid premises in Saraspur.
The mosque, believed to be around 400 years old, holds deep religious and cultural significance for the Muslim community, with its name recorded in official revenue records.
Over centuries, the masjid has been reconstructed and renovated multiple times, preserving its historic and spiritual value.
After the enactment of the Bombay Public Trusts Act, 1950, the mosque and its adjoining properties were formally registered as the Mansa Masjid Trust (Reg. No. B-655).
The trust’s primary purpose, the advocate emphasised, is to facilitate prayers, further underscoring the mosque’s central role in the community’s religious life. It argued that the notice and hearing were handled by the Deputy Estate Officer, not the Municipal Commissioner, violating procedure under the GPMC Act.
The trust further claimed the mosque is a protected Waqf property, and demolishing its heritage structure would breach constitutional guarantees of religious freedom.
It also accused AMC’s standing committee of ignoring objections filed in January 2025. The state government defended the road-widening project, arguing it was crucial for easing traffic congestion and boosting urban development along the stretch connecting Kalupur railway station and the Ahmedabad Metro Junction.
It asserted that all legal steps under the GPMC Act were duly completed, stressing that Waqf Act provisions do not apply when the Municipal Commissioner invokes special powers.
Backing this stance, the High Court ruled the project to be in 'public interest', confirming that the AMC had followed due legal process.
The ruling comes against the backdrop of recent controversial demolitions in Gujarat. In September 2024, a five-century-old mosque, a dargah, and a graveyard were razed in Gir Somnath district, triggering widespread outrage.
Following the incident, a petition seeking contempt action was filed in the Supreme Court against state officials, including the Gir Somnath Collector, alleging illegal demolition of the Dargah Mangroli Shah Baba, Eidgah, and other religious structures in Prabhas Patan, Veraval.
The Supreme Court, however, refused to order a status quo on the demolition drive, siding with the Gujarat government’s stance that the actions were taken lawfully to remove encroachments on government land near the Somnath temple seashore.
With the latest High Court verdict, tensions are likely to flare further, as another centuries-old religious site faces partial demolition, deepening the conflict between urban development plans and preservation of religious heritage in Gujarat.