Gujarat HC rejects Mancha Masjid Trust plea challenging AMC road-widening notice

Ahmedabad: The Gujarat High Court on Tuesday dismissed a petition by the Mancha Masjid Trust seeking to quash a July 25 notice from the Amdavad Municipal Corporation (AMC). The notice directed the trust to peacefully vacate part of the 400-year-old Mancha Masjid in Saraspur to make way for a road-widening project under the Town Planning Scheme.

The court also rejected the trust’s request to stay the implementation of the AMC notice for four weeks, after considering the government’s submission that the road-widening project serves the “larger public interest.” Justice Mauna noted that the trust’s challenge was based on claims that AMC proceedings violated the Gujarat Provincial Municipal Corporations (GPMC) Act, 1949, as decision-making powers lie with the Municipal Commissioner.

The petition argued that notices had been issued and hearings conducted by the Deputy Estate Officer, rather than the Commissioner, and that the AMC Standing Committee had ignored objections raised by the registered Waqf trust in January.

The AMC, however, argued that the Standing Committee had authorised the Municipal Commissioner to proceed under the GPMC Act. The state emphasized that the road widening, connecting Kalupur Railway Station and an Ahmedabad Metro junction, is crucial for traffic regulation and urban development, and that statutory procedures had been followed, including hearings for the trust. The government also stated that Waqf Act provisions do not apply when the Municipal Commissioner exercises special powers under the GPMC Act.

The court upheld the AMC’s actions, rejected the petition, and denied the request to stay the July 25 order. DeshGujarat