Dahod demolitions: Maintain status quo on Nagina Masjid plot, says Gujarat HC

It was also the petitioner’s case that no official notice was issued to the Trust for the demolition of the mosque, and they were only informally told by the authorities that the “petitioner and others may remove all the religious books, Quran and other revered articles from the Masjid till Friday (May 19) as the Masjid will be demolished after evening prayers”.

The Trust has submitted before the court that the mosque had been standing since 1926 in a part of the Trust’s land, which was registered in 1953. Some of the shops on other parts of the land – which have now been demolished – were given on rent by the Trust and Waqf over the years, the court was also told.

The Trust also submitted the mosque was “protected and could not be demolished, more particularly in view of provisions under the Places of Worship (Special Provisions) Act, 1991”, and given that the masjid is a Waqf property, no action could have been undertaken without the approval of the Waqf Board.

The court of Justice S V Pinto on Tuesday also issued notice to the authorities and sought that the Dahod authorities respond to the contentions raised in the petition by June 8, until when the authorities have been directed to maintain the status quo.

In another petition moved by Anjumane Mohammadi Jamat through its administrator and secretary Asgarali Ahmedali Rayli, it was contended by the petitioner that they apprehend demolition of their masjid although they have formally not been served with a notice by the Dahod authorities as is required under the Gujarat Municipalities Act. On Tuesday, Justice Pinto, after hearing both sides, disposed of the petition with an instruction to the government counsel that the petitioner be provided with an opportunity of a hearing before taking any coercive steps.

Justice Pinto directed the Dahod municipality to follow “due process of law and give an opportunity of hearing before taking any coercive actions and the petitioners must be allowed to put forward their case. The nagarpalika (municipality) shall give an opportunity of hearing to petitioners and give a reasoned order.”