The double bench of Madhya Pradesh High Court in Indore has dismissed the writ petition filed against the removal of a part of the Shahi Masjid for road widening in Ujjain.
Along with this, the process of road widening will continue in Ujjain.
Actually, road widening work is going on in the city for the preparations of Simhastha Kumbh 2028. But the controversy increased on Monday morning regarding the Shahi Mosque of Ujjain, which is said to be about 650 years old.
Since Sunday night, a large number of people gathered near the mosque in Chhatri Chowk area and on Monday morning there was a clash between the crowd and the police, which turned violent within some time.
The dispute is not about the mosque but about the demolition of a part of it for the expansion of the road.
During the clash, a situation of stone pelting and fighting occurred. Police fired tear gas shells to control the crowd. At present a large number of police forces are deployed in the Shahi Masjid area.
Ujjain Collector Roshan Singh said, "Road widening and other construction works are going on as per the master plan for the preparations for Simhastha 2028. People of all religions and communities are willingly cooperating in it."
"Many people are themselves removing their houses or religious places which are coming under the influence of the road. The part of the Shahi Masjid which is coming under the influence of the road in Chhatri Chowk is also being removed by the people of the Muslim community. I appeal to everyone not to fall prey to any rumor and cooperate with the government in maintaining peace and order."
Speaking to BBC, Ujjain city Qazi Khaliq ur Rehman said, "After the talks between the mosque committee and the district administration on Sunday night, the committee has decided to remove that part itself. Some people are angry because of the rumours. This led to some clashes, but the situation is normal now."
RPF personnel have also been deployed at the spot to maintain law and order. Senior police and administrative officials are also present at the spot.
The part of the mosque that is to be removed comes in the proposed alignment of the road which the Ujjain Municipal Corporation wants to widen by 15 metres.
The administration is calling this necessary in view of the increased traffic and movement of devotees during Simhastha.
Advocate Azhar Warsi, appearing on behalf of the Mosque Committee, said that earlier on September 9, the Single Bench had issued an order on the petition.
He said, "In that order, it was said that action should be taken as per the master plan and it should be followed. After this, a writ appeal was filed by the committee in the division bench."
During the hearing, the suggestion of finding an alternative route was also put before the court.
According to Warsi, "In the discussion between the administration and the mosque committee, the issue of keeping about three feet portion of the mosque intact was also raised. Whereas the Municipal Corporation had said in its affidavit that the benefit of FAR and TDR will be given as per rules in lieu of the portion taken during road widening."
The Division Bench has directed the corporation to comply with the conditions given in its affidavit.
After the court order, the road widening process will continue in Ujjain. Issues related to alternative arrangements and the affected areas were highlighted by the Masjid Committee during the hearing.
According to Ujjain Municipal Corporation, the road widening work is being done under the Ujjain Development Plan 2035.
The Shahi Masjid is also present on the same stretch of the road, which is planned to be widened by 15 metres. A part of the mosque is coming under the influence of this proposed road.
Qazi Khaliq ur Rehman said that the Muslim community does not oppose Simhastha.
He told reporters, "Simhastha had happened before and will happen again. The Muslim community has always been in favor of it. We are just saying that an alternative arrangement should be found and no religious place should be demolished. Because many of these are historical monuments. Now take the Shahi Masjid only, it is about 650 years old."
In this dispute, the Madhya Pradesh High Court, in its order dated September 9, had rejected two petitions challenging the Municipal Corporation's decision to remove that part of the Shahi Masjid.
The petitioners had said that due to the road widening action, a part of the prayer area of the mosque, about 120 feet high minaret and Mazhar Chowk Shahi will be affected.
A bench of Justice Sandeep N Bhatt had said that the Municipal Corporation followed the prescribed legal procedure and gave the affected parties an opportunity to present their objections.
The mosque side also argued that a community was being targeted because it was a religious place. The court had rejected this argument.
According to the records placed before the court, parts of ten temples and a mosque on the same road had already been removed.
The court order also mentions action against construction related to about 80 religious places in Ujjain.
The court had said that just because the property in question is a religious place, the action of the Municipal Corporation cannot be considered arbitrary.
The court in its order also mentioned the number of devotees coming during Simhastha 2028 and the need for traffic management.
The Shahi Masjid is located almost opposite the Mahakaleshwar Temple and near the Kshipra River.
The court had said that there will be a large number of people moving in the area during Simhastha and the purpose of road widening is related to traffic and public safety.
People associated with the mosque committee had said that if they do not get relief from the High Court, they can approach the Supreme Court.
According to the city Qazi, this mosque was built around 1390.
At present police force is deployed around Chhatri Chowk and Shahi Masjid. As per the arrangements decided after the talks between the Mosque Committee and the District Administration, the Committee itself is taking action to remove the affected area.
