Court directs Collector of Kutch to file affidavit on demolition carried out immediately after disputed order, raising concerns over violation of natural justice and procedural fairness
In a significant development concerning the protection of religious properties and adherence to due process, the Gujarat High Court has taken suo motu cognizance of the alleged illegal demolition of the Mohamadi Masjid located in Kutch district. The demolition, carried out on June 21, 2026, has been challenged by the mosque's trustee under Article 226 of the Constitution of India, citing gross violations of natural justice and procedural safeguards mandated under the Gujarat Land Revenue Code.
The petitioner, Mohamadi Masjid Jamat through its Trustee/Mutawalli Sidhik Tejmal Sama, represented by Advocate Mr. Rizwan Shaikh, contended that the authorities failed to provide adequate notice and opportunity for a fair hearing prior to the demolition. The show-cause notice under Section 61 of the Gujarat Land Revenue Code, dated June 18, 2026, was served to the petitioner on June 19, 2026, at 1:00 p.m., allowing only two days to respond. Despite the petitioner submitting a reply on June 20, 2026, the demolition order was reportedly passed on June 19, 2026 - a day before the notice was even served.
This chronological discrepancy has been a pivotal point of contention, suggesting the order was pre-dated and that the petitioner was denied an effective opportunity to contest the allegations of encroachment on government land. The petitioner further argued that the demolition executed on June 21, 2026, was in blatant violation of the binding directions of the Supreme Court and the principles of natural justice, which require that no person should be condemned unheard.
During the oral proceedings, Justice Mr. Niral R. Mehta emphasized the gravity of the procedural irregularities, noting the need for the government authorities to explain the sequence of events and the rationale behind such expedited demolition. The Court has directed the Collector of Kutch to file a detailed affidavit by October 19, 2026, elucidating the facts and circumstances leading to the demolition.
The petitioner has sought multiple reliefs including:
- Declaration of the demolition as illegal, arbitrary, unconstitutional, and void ab initio;
- Quashing of the demolition order dated June 19, 2026;
- Restoration of the mosque to its original location and condition;
- Payment of just and fair compensation for the unlawful demolition;
- Initiation of disciplinary and legal proceedings against the officers responsible;
- Interim status quo maintenance at the site to prevent creation of third-party rights or permanent alterations.
The Court has permitted direct service of the petition on the respondents and has listed the matter for further hearing on October 22, 2026.
This case highlights the critical importance of procedural fairness and adherence to due process in actions involving religious properties, and raises questions about administrative accountability and the protection of minority rights under the Constitution.
Bottom Line:
Constitution of India, 1950 Article 226 Alleged illegal demolition of mosque/waqf property - Petitioner contending that show-cause notice under Section 61 of Gujarat Land Revenue Code was served on 19-06-2026, reply was submitted on 20-06-2026, yet order was passed on 19-06-2026 itself and demolition was carried out on 21-06-2026 without sufficient opportunity and without due process - High Court, considering peculiar facts, directed Collector to file affidavit.
Statutory provision(s):
Article 226 of the Constitution of India, Gujarat Land Revenue Code Section 61
Mohamadi Masjid Jamat v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2997188
