The Supreme Court on Friday upheld the Gujarat High Court’s order permitting the partial demolition of the 400-year-old Mancha Masjid complex in Ahmedabad for a road-widening project, ruling that the move served public interest and did not violate religious freedom.
A bench of Justices Surya Kant and Joymalya Bagchi clarified that only a vacant portion and an adjoining platform would be cleared, while the mosque structure itself would remain untouched. The court also noted that a temple, a commercial unit, and a residential property were similarly marked for demolition as part of the same development plan.
“Article 25, which protects religious freedom, is not attracted here — this is a property issue,” the bench observed, adding that the project aimed at the city’s overall benefit.
Advocate Warisha Farasat, representing the Mancha Masjid Trust, argued that the mosque was a protected waqf property and that the municipal order lacked genuine public interest, making it arbitrary. She said the order ignored an earlier high court directive.
Rejecting the argument, the court said the mosque structure would remain intact. “They have also dismantled a temple, one commercial property, and one residential house. All this is being done for the city’s betterment,” the bench said, adding that the main concern now was compensation for affected parties.
Citing the 1994 Ismail Faruqui judgment, Farasat sought special protection for the mosque. The bench, however, said, “You cannot say it is the only mosque where you can perform namaz,” ruling that public projects cannot be halted on that ground.
The court said it saw no reason to interfere with the high court’s decision, given the state’s assurance that only part of the vacant land and platform would be affected. It also left open the question of whether the property qualifies as waqf land — a matter to be decided in future compensation proceedings.
The ruling effectively affirms the Gujarat High Court’s September order, which had upheld the Ahmedabad Municipal Corporation’s notice to vacate part of the Saraspur mosque premises for road widening. The high court had held that the AMC acted lawfully under the Gujarat Provincial Municipal Corporations (GPMC) Act, and that Waqf Act provisions did not apply in this case.
Built during the Mughal era, the Mancha Masjid is a significant religious and cultural landmark. Though the trust had earlier urged authorities to preserve its heritage, the apex court’s decision clears the way for the city’s development project to proceed.