SC refuses to stop partial demolition of 400-year-old Mancha Masjid in Ahmedabad

The Supreme Court has dismissed an appeal challenging the Gujarat High Court’s decision to allow the partial demolition of the 400-year-old Mancha Masjid in Ahmedabad’s Saraspur area for a road-widening project. The apex court emphasised that the decision prioritises public interest and does not violate religious freedom.

A bench comprising Justices Suryakant and Joymala Bagchi clarified that only a portion of the mosque, including some open land and a platform, will be demolished, while the main structure remains untouched. “We find no reason to interfere with the Gujarat High Court’s order,” the bench stated, noting that a temple, along with several commercial and residential properties, have also been demolished for the same project.

The petitioner, representing the Mancha Masjid Trust, argued that the mosque, a registered Waqf property, includes 400-year-old prayer halls that should be protected. However, the Supreme Court reiterated that the mosque’s core structure will not be affected. 

The bench further clarified that the case does not involve Article 25 of the Constitution, which guarantees the right to practice and profess religion, but is instead a matter of property and compensation.

The court left open the question of whether the mosque is Waqf property and whether the Waqf Board is entitled to compensation, stating that the board could approach the appropriate legal forum to establish its claims.

On October 3, the Gujarat High Court’s division bench, comprising Justices A S Supehia and L S Pirzada, had permitted the Ahmedabad Municipal Corporation to proceed with the partial demolition, ruling that it complies with the Gujarat Provincial Municipal Corporations Act, 1949. The High Court noted that the road-widening project impacts religious, residential, and commercial properties in the area. The Mancha Masjid Trust had challenged this order in the Supreme Court.