An appeal has been filed before the Supreme Court challenging the Madhya Pradesh High Court’s recent decision to uphold the demolition of the Takiya Masjid in Ujjain.
The plea filed by thirteen residents, who used to offer namaz at the mosque, has alleged the Madhya Pradesh government demolished the 200-year-old mosque to extend the parking area for the adjoining Mahakal Temple
As per the petitioner, the mosque was duly notified as a waqf in 1985 and had been in use for the last 200 years as a live Mosque till January this year, when it was "illegally and arbitrarily demolished.”
Thus, the the demolition violated the Places of Worship (Special Provisions) Act, 1991, the Waqf Act, 1995 (now Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995), and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The plea goes on to claim that the land acquisition process carried out by the State prior to the demolition is marred by irregularities.
Further, the petitioners have alleged that the State granted compensation for the acquisition to unauthorised occupants and encroachers in the area "just to make out a false case of acquisition."
The petitioners had earlier approached the Madhya Pradesh High Court in the matter with a plea to restore the mosque.
However, the plea was dismissed by a single-judge and later a Division Bench of the High Court.
They have now approached the Supreme Court challenging the High Court's decision. As interim relief, they have urged the Supreme Court to stay the High Court's rulings, to restrain the State from altering or constructing upon the site, and to direct an independent inquiry into the demolition.
The plea has been filed through advocate Vaibhav Choudhary and drawn by Choudhary and advocate Syed Ashhar Ali Warsi.
The petition was settled by Senior Advocate MR Shamshad.