Madhya Pradesh High Court Upholds Mosque Demolition for Land Acquisition
Petitioners' Appeal for Reconstruction Denied; Court Emphasizes Legal Finality of Acquisition Proceedings
Indore, October 7, 2025 - The Madhya Pradesh High Court has dismissed a writ appeal filed by Mohammed Taiyab and others, seeking the reconstruction of a mosque demolished during land acquisition proceedings for the expansion of the Mahakal Lok Parishar parking space in Ujjain. The Division Bench, consisting of Justice Vivek Rusia and Justice Binod Kumar Dwivedi, reaffirmed the Writ Court's decision, emphasizing that the acquisition proceedings had attained finality and petitioners lacked the locus to seek reconstruction without challenging the validity of the acquisition itself.
The appellants, local residents of Ujjain, argued that the demolition of the Takiya Masjid infringed on their religious rights under Articles 25 and 26 of the Constitution of India. They contended that the mosque, a recognized Waqf property established over 200 years ago, should remain preserved. Despite these claims, the court maintained that the right to practice religion is a personal right that does not necessitate the preservation of specific religious places, as outlined in the Constitution.
In response, the State, represented by Additional Advocate General Anand Soni, argued that the acquisition process was conducted legally, with compensation distributed to affected parties, and the land now vested with the State Government. The court agreed, stating that the petitioners had not sought to quash the acquisition proceedings, a necessary step to obtain the relief sought.
The judgment referenced previous cases, including the Supreme Court's decision in Guruvayoor Devaswom Managing Committee v. C.K. Rajan and the Allahabad High Court's ruling in Mohammad Ali Khan v. Special Land Acquisition Officer, which asserted that religious practices could be conducted in various locations, not tied to specific sites.
The M.P. Waqf Board has already initiated a civil suit seeking compensation for the acquired land, further complicating the petitioners' position. The court concluded that without challenging the acquisition itself, the petitioners' appeal for mosque reconstruction could not be granted.
This decision underscores the legal principle that while religious freedoms are protected under the Constitution, these rights are subject to other constitutional provisions, including the State's authority to acquire land for public purposes.
Bottom Line:
Acquisition of Waqf property - Reconstruction of demolished mosque sought by petitioners - Right to practice religion under Article 25 of the Constitution does not guarantee preservation of a specific place of worship - Acquisition proceedings, having attained finality, cannot be interfered with in absence of relief sought for quashment of acquisition.
Statutory provision(s): Articles 25, 26, and 31 of the Constitution of India; Section 83(2) of the Waqf Act, 1995.
