Day after HC rejects plea, Mota Peer Dargah in Morbi demolished
The petitioner's advocates submitted to the court that during the earthquake in the year 2001, the structure of ‘Mani Mandir’ was damaged and thereafter remained closed.
The oral order of the court further states, "no evidence supports the claim of historical religious significance" and so direction to nodal officers to carry out survey is not necessary."
Officials demolished Mota Peer Dargah located in Morbi’s Mani Mandir compound on Wednesday, a day after the Gujarat High Court dismissed a petition challenging the demolition order of the civic body.
On Tuesday, the Gujarat High court dismissed the petition moved by the caretaker and Mujawar of the Dargah and the legal heir of the original petitioner, Hashamsha Zafarsha Fakir, against a direction of Morbi Municipality to “immediately remove the alleged illegal construction known as ‘Mota Peer Dargah’– where a Saint Mota Peer was buried 350 years ago.
The petitioner has contended before the court that the Dargah — a place of worship for both Hindus and Muslims– is situated within the compound of ‘Wagh Mahal’ also known as ‘Mani Mandir’, which was constructed between 1934 and 1935 by the ruler of Morbi, Sir Waghji Thakor. The petitioner has said that the Dargah, believed to be around 300 years old, had existed before the Mani Mandir came into existence and has “its own significance carrying religious sentiments”.
The petitioner’s advocates submitted to the court that during the earthquake in the year 2001, the structure of ‘Mani Mandir’ was damaged and thereafter remained closed. In 2008, the state government gave ‘Mani Mandir’ on lease to Queen Vijay Kuvarba for 20 years for the museum to be renovated to its original state.
The petitioner’s counsel submitted to the court that an inquiry was conducted and an FIR lodged under the Gujarat Land Grabbing (Prohibition) Act with Morbi City Division Police Station on September 24, 2022, against the father of the petitioner– who was the then Mujawar– based on the complaint “by some anti-social people”, who questioned the existence of the Dargah.
The petitioner’s advocate stated that the 2018 Supreme Court decision on unauthorized construction of religious nature which had taken place prior to 2009 as well as a government resolution of 2010 stating that the survey of such religious places will be carried out by a nodal officer through local committees would be “squarely applicable” in the case of the Morbi Dargah. The petitioner sought direction for the authority “to carry out a survey” as per the 2010 government resolution.
Government Pleader GH Virk opposed the petition stating that the land where Mani Mandir is situated is government land and the petitioners had not supported the assertion that the Dargah is 300 years old.
Story continues below this ad
The government pleader submitted, as noted by the court, “…even on perusal of record, it was found that earlier Dargah was not in existence… was constructed unauthorized on government land. Further, this is not property registered in PTR and managed by Waqf. It is the property managed by individuals and therefore, contention that it is attached to Muslim community is not correct. Earlier notices were served to the petitioner; however, no reply was filed.”
The state also submitted that the SC direction of 2009 would not be applicable in the case as it “refers to public streets, public parks and other public places”.
Stating that the notice of November 18, 2025, issued by the authority to the Dargah cannot be said to be illegal, the oral order of the court of Justice Mauna Bhatt states, “(The petitioner has) failed to establish the public’s enforceable right to enter and use the premises. In other words, if the contention of the petitioner is accepted, he is seeking government land of Mani Mandir to be declared as ‘public place’…”
Stating that if the state government had not identified the unauthorised construction of the dargah in question despite the 2018 SC order directing (states and UTs) to identify such unauthorised religious structures on public place, the court said that “the question of such declaration (by the High Court) would not arise.”
Story continues below this ad
The oral order of the court further states, “no evidence supports the claim of historical religious significance” and so direction to nodal officers to carry out survey is not necessary.”
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
