New Delhi: The Supreme Court on Friday upheld the Gujarat High Court’s decision permitting the partial demolition of the Mancha Masjid complex in Ahmedabad to facilitate a road-widening project, stating that the action was motivated by public interest and did not infringe upon religious freedom.

A bench comprising Justices Surya Kant and Joymalya Bagchi noted that only a section of vacant land and a platform adjacent to the mosque would be cleared, while the mosque structure itself would remain untouched. The court also highlighted that a temple, a commercial property, and a residential building were similarly slated for demolition under the same development plan.

“Article 25 (right to practice and profess religion) is not applicable here. The matter concerns property rights,” the bench said, emphasizing that the case revolves around property issues and compensation, rather than religious practice.

Advocate Warisha Farasat, representing the Mancha Masjid Trust, argued that the municipal authorities’ order did not establish any genuine public interest and was therefore arbitrary. She contended that the mosque, registered as waqf property under the trust, was protected and that the demolition order overlooked a prior High Court judgment, making it per incuriam (issued without proper consideration).

The bench rejected these claims, stressing that the mosque building would remain intact. “A temple, a commercial property, and a residential house have also been dismantled – which is indeed a hardship. However, this is being done for the city’s betterment,” the court said, noting that the petitioners’ main grievance relates to compensation.

This ruling affirms the Gujarat High Court’s September order, which refused to stay the Ahmedabad Municipal Corporation’s (AMC) notice to vacate part of the mosque premises in Saraspur for road widening. The High Court had held that the AMC acted within its powers under the Gujarat Provincial Municipal Corporations (GPMC) Act, and that the Waqf Act provisions did not apply since the action was undertaken under special statutory powers. DeshGujarat