Ujjain Shahi Masjid: MP HC dismisses pleas against demolition notice

Bhopal: The Madhya Pradesh High Court has dismissed two writ petitions challenging notices issued by the Ujjain Municipal Corporation seeking to remove a portion of the Shahi Masjid to facilitate the widening of a road to 15 metres ahead of the 2028 Simhastha Kumbh.

The Simhastha Kumbh, one of the major Hindu pilgrimage events, is scheduled to be held in Ujjain from March 27 to May 27, 2028, and is expected to attract crores of devotees.

A bench headed by Justice Sandeep N. Bhatt held that the Corporation's proposed action was in accordance with the relevant statutory provisions and that those managing the mosque had been given an opportunity to present their case, Maktoob Media reported.

The court found no infringement of the constitutional guarantees under Articles 14, 25, 26 or 300A.

While considering the petitions, the court took into account the scale of the upcoming Simhastha and the need to ensure adequate public facilities and effective traffic management. It also noted the location of the Shahi Masjid, which stands almost opposite the Mahakaleshwar Temple and close to the Kshipra River.

The bench observed that, given the expected influx of devotees during the 2028 event and the resulting requirements relating to public safety, infrastructure and traffic management, the Corporation's action appeared to have been undertaken in accordance with the law and in the larger public interest.

The petitions were filed by two groups claiming to be responsible for administering the mosque, which is registered as waqf property. They challenged the municipal demolition notice proposing the removal of part of the structure for the road-widening project.

The petitioners contended that the proposed demolition would affect a section of the prayer hall, known as the Jamat Khana, as well as a 120-foot-high minaret and Mazhar Chouk Shahi. They argued that the proposed action would violate their fundamental rights and maintained that the mosque was an ancient place of worship whose prayer hall, ablution facilities and minaret formed essential parts of its religious infrastructure.

Referring to Supreme Court rulings on the protection of religious practices under Article 25, the petitioners argued that although road widening could constitute a public purpose, it could not take precedence over the community's right to practise its religion at a centuries-old place of worship.

They also alleged that the Corporation had not complied with the procedure prescribed under Sections 322 and 323 of the Madhya Pradesh Municipal Corporation Act, 1956. These provisions deal with matters relating to public streets, obstructions and unauthorised digging or breaking of pavements.

Another argument raised by the petitioners was that the Madhya Pradesh Waqf Board had not been properly served notice in the matter.

The Shahi Masjid, also known as Shahi Masjid Waqf Panchayat Mochiyaan, is a more than a century-old mosque in Ujjain. Located near the Kshipra River and almost opposite the Mahakaleshwar Temple, the mosque is registered as waqf property and includes a prayer hall, ablution facilities, a reported 120-foot minaret and Mazhar Chouk Shahi.

The mosque's managing committee has cited historical documents in support of its claims. These include a March 17, 1925 letter issued by the Town Improvement Trust under the Scindia-era Gwalior government, which referred to land acquisition while directing that the remaining portion of the mosque be preserved. The management has also referred to a 1985 Madhya Pradesh government gazette notification that mentioned the mosque and its measurements.

According to the mosque's management, it had also voluntarily surrendered a portion of its land in 1975 to help ease traffic congestion.

A similar controversy had earlier emerged in Dal Mandi in Varanasi, Uttar Pradesh, where authorities demolished portions of six mosques as part of a ₹224-crore road-widening project.

The project sought to expand Dal Mandi Road to 17.4 metres to improve access to the Kashi Vishwanath Dham for Hindu pilgrims. It also involved the demolition of around 180 shops and houses, with most of the affected properties and businesses reportedly owned or operated by Muslims.