AHMEDABAD: In yet another blow to India’s Muslim heritage, the Gujarat High Court declined to stay the demolition of a portion of the 400-year-old Mancha Masjid in Ahmedabad’s Saraspur area, paving the way for its partial destruction under the pretext of a road-widening project.
The ruling came after the Ahmedabad Municipal Corporation (AMC) issued a notice to the mosque’s committee to vacate a portion of the mosque for a development plan.
The mosque’s Mutawalli had approached the court, asserting that the mosque — a registered Waqf property under the Bombay Public Trusts Act since 1950 — holds profound historical, cultural, and religious significance for Muslims.
The petition argued that the demolition order violated provisions of the Gujarat Provincial Municipal Corporations (GPMC) Act and the Waqf Act, in addition to infringing upon constitutional rights of religious freedom. The appellants also contended that the single-bench judge who earlier dismissed their plea had misrepresented legal provisions and ignored detailed objections filed against the demolition.
Despite these concerns, the division bench of Justices A.S. Supehia and L.S. Pirzada refused to grant relief, noting that “the main structure of the mosque was not being demolished, only a portion of the premises.” The bench further remarked that the single-judge order “has not committed any illegality” in rejecting the writ petition, effectively brushing aside arguments regarding procedural lapses and constitutional violations.
Legal experts and community leaders have decried the verdict as reflective of a growing judicial indifference — and at times, bias — towards Muslim religious sites. They argue that while courts frequently intervene to safeguard Hindu temples, mosques and other Islamic heritage sites are increasingly left vulnerable under the guise of “development” or “public interest.”
