6 months ago
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New Delhi: Finding that a temple arsenic good arsenic commercialized and residential properties were demolished for widening a roadworthy successful Ahmedabad, the Supreme Court connected Friday refused to entertain a plea against partial demolition of 400-year-old Mancha Masjid, saying the municipality is serving a nationalist purpose.A seat of Justices Surya Kant and Joymalya Bagchi refused to accede to persistence of the counsel representing Mansa Masjid Trust for protecting the supplication hallway of the mosque arsenic Ahmedabad municipal corp done Astha Mehta said the civic assemblage had categorically stated earlier the HC that lone a vacant portion of onshore and information of a level of the mosque volition beryllium affected by the road-widening task to easiness postulation congestion.Mehta said the main operation of the mosque would not beryllium affected astatine each and drew the court’s attraction to the demolition of a temple and residents voluntarily giving up their properties to alteration the civic assemblage to widen the roadworthy successful the larger nationalist interest.The seat said it is not a lawsuit of infringement of close to religion nether Article 25. “The wakf committee whitethorn beryllium entitled to compensation for utilising the mosque onshore lone if the committee could beryllium that the onshore belonged to wakf.
You whitethorn beryllium entitled for bigger onshore to physique a mosque for namaz. But the HC is close successful uncovering that the civic assemblage had scrupulously followed the provisions of Gujarat Provincial Municipal Corporation Act portion proceeding to instrumentality a information of mosque onshore for roadworthy widening.
”When the counsel for the mosque insisted for a tribunal bid to support the supplication hall, the seat said, “No specified enactment is contemplated. A temple has been dismantled, and they did not assertion immoderate compensation. We are saying you volition beryllium entitled for compensation nether GPMC Act if the wakf committee could beryllium it is simply a wakf property.” State govt had told the HC widening of the roadworthy successful Saraspur was important for easing congestion and boosting municipality improvement on the agelong connecting Kalupur railway presumption and Ahmedabad Metro.
