On Friday, the Gujarat High Court denied a stay on the plan to partially demolish the 400-year-old Mancha Masjid in the Saraspur area of Ahmedabad for a road widening project.
The directive came from Ahmedabad Municipal Corporation who demanded the masjid’s committee to vacate a portion of the mosque for a development project. Following this notice, the Mutawalli of the mosque filed a petition seeking relief. On September 23, a single-bench judge refused intervention and allowed the directive.
The mosque’s trust asserted that the mosque is a Waqf property and alleged that the verdict violated the Gujarat Provincial Municipal Corporations (GPMC) Act. The trust also highlighted that the mosque holds historical value and its demolition will not only violate the rights guaranteed by the Constitution but also damage the religious significance of the long-standing mosque.
The trust decided to challenge the verdict and approached the High Court.
The apple in challenge with this decision or giving that the single judge miss represented the provisions concerning GPMC Act and Waqf Act.
The council claimed that the appellants’ detailed objections to the demolition were rejected without sufficient reasoning.
The appellants legal team also emphasized the historical and religious significance it holds for Muslims.
The municipal corporation however maintained that proper procedures were followed and argued that the objections were submitted late and that the demolition decision was taken in the public interest, aiming to improve the traffic situation near Kalupur railway station and Ahmedabad metro junction.
The division bench comprising justices A.S Supehia and Justice L.S. Pirzada noted that the mosque’s main structure was not being demolished, it was just a premise; the bench also observed that a single judges order should know illegality.
The mosque which holds profound religious and cultural significance was formally registered as the Mansa Masjid trust in the year 1950 following Bombay Public Trusts Act.
This story was originally published in muslimmirror.com.
