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New Delhi: Finding that a temple as well as commercial and residential properties were demolished for widening a road in Ahmedabad, the Supreme Court on Friday refused to entertain a plea against partial demolition of 400-year-old Mancha Masjid, saying the municipality is serving a public purpose.A bench of Justices Surya Kant and Joymalya Bagchi refused to accede to persistence of the counsel representing Mansa Masjid Trust for protecting the prayer hall of the mosque as Ahmedabad municipal corporation through Astha Mehta said the civic body had categorically stated before the HC that only a vacant piece of land and portion of a platform of the mosque will be affected by the road-widening project to ease traffic congestion.Mehta said the main structure of the mosque would not be affected at all and drew the court’s attention to the demolition of a temple and residents voluntarily giving up their properties to enable the civic body to widen the road in the larger public interest.The bench said it is not a case of infringement of right to religion under Article 25. “The wakf board may be entitled to compensation for utilising the mosque land only if the board could prove that the land belonged to wakf. You may be entitled for bigger land to build a mosque for namaz. But the HC is right in finding that the civic body had scrupulously followed the provisions of Gujarat Provincial Municipal Corporation Act while proceeding to take a portion of mosque land for road widening.”When the counsel for the mosque insisted for a court order to protect the prayer hall, the bench said, “No such action is contemplated. A temple has been dismantled, and they did not claim any compensation. We are saying you will be entitled for compensation under GPMC Act if the wakf board could prove it is a wakf property.” State govt had told the HC widening of the road in Saraspur was crucial for easing congestion and boosting urban development along the stretch connecting Kalupur railway station and Ahmedabad Metro.
