Dahod masjid trust moves High Court after demolition drive for smart city project

The trust said the masjid is a “deemed Waqf” property. It added that while since 1926, the mosque has existed in a part of the trust’s land registered in 1953, existing shops on some other parts of the land were given on rent by the Trust and Waqf.

As per the petitioner, on April 25, the chief officer of the Dahod municipality issued notices alleging the shops on a particular plot of the land were encroachments, which had to be removed to implement the Dahod Smart City for Smart Road Upgradation project.

While the notices were responded to, the Trust told HC that on May 15, the local authorities demolished the shops. It added that nearby shops owned by the Trust, which were not issued any notice, were also demolished.

Maintaining that the masjid’s existence can be traced to documentary records since 1926, the Trust said the mosque is protected and cannot be demolished, more particularly under the Places of Worship (Special Provisions) Act, 1991. It added that principles of natural justice has not been adhered to and due process of law not followed since the Trust was not issued notice by the local civic authority as is stipulated under the Act. The Trust also said since the masjid is a Waqf property, no action could have been undertaken without the Waqf Board’s approval. Notably, Gujarat does not have a functioning Waqf Board at present.