The Supreme Court rejects plea challenging demolition of Ujjain’s Takiya Masjid, affirming that the demolition and acquisition were carried out as per law and that due compensation was paid.

The Bench comprising Justice Vikram Nath and Justice Sandeep Mehta dismissed the appeal filed by thirteen residents who had alleged that the Madhya Pradesh government unlawfully demolished the 200-year-old mosque to expand parking facilities for the adjoining Mahakal Temple complex.

Petitioners’ Argument

Senior Advocate MR Shamshad, appearing for the petitioners, contended that the High Court’s reasoning was flawed in law, stating that the demolition of a notified Waqf property violated the Places of Worship (Special Provisions) Act, 1991, the Waqf Act, 1995, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He argued that the mosque had been in continuous use for over two centuries and was duly registered as Waqf property in 1985.

Shamshad urged that the State authorities granted compensation to unauthorised persons and that serious irregularities marred the acquisition process preceding the demolition.

He submitted that the petitioners were deprived of their right to worship and that demolition in the name of parking expansion undermined constitutional and statutory protections afforded to places of worship.

Supreme Court’s Observation

The Bench observed that compensation was indeed paid in accordance with statutory provisions and noted that the petitioners had earlier withdrawn their writ petition before the Madhya Pradesh High Court challenging the same acquisition.

Justice Nath remarked,

“It is required under the statutory scheme. Compensation was paid.”

The Court held that the High Court rightly refused relief, reiterating that remedies for compensation disputes lie within the statutory framework, not through renewed constitutional petitions.

When Senior Advocate Shamshad insisted that the case was a “gross violation” due to demolition for the parking needs of another religious place, the Bench maintained its stance and dismissed the appeal.

Background of the Case

The Takiya Masjid, situated in Ujjain, was claimed to have been illegally demolished in January 2025. Petitioners stated that the mosque was an active site for offering namaz until its demolition and that the act violated both religious rights and statutory safeguards.

The plea also requested interim relief from the Supreme Court, including a stay on construction over the site and a direction for an independent inquiry into the demolition.

However, the Apex Court refused to interfere, upholding the High Court’s view that the acquisition process was conducted lawfully and with due compensation.

Parties and Bench Details

• Case Title: Thirteen Residents of Ujjain vs State of Madhya Pradesh
• Advocates for Petitioners: MR Shamshad (Senior Advocate), Vaibhav Choudhary, Syed Ashhar Ali Warsi
• Bench: Justice Vikram Nath and Justice Sandeep Mehta
• High Court: Madhya Pradesh High Court (Single Judge and Division Bench)

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