The Supreme Court rejected a plea challenging the demolition of Takiya Masjid in Ujjain for Mahakal Temple parking expansion, holding that occupants lack locus to contest land acquisition or claim mandatory social impact assessment.
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NEW DELHI: The Supreme Court on Tuesday dismissed a plea challenging the demolition of Takiya Masjid in Ujjain, which was carried out for the expansion of parking facilities for the adjoining Mahakaleshwar (Mahakal) Temple.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that the petitioners, being occupants and not owners of the land, lacked the locus to challenge the land acquisition process on the grounds raised.
Background of the Case
The plea was filed by a devotee of Takiya Masjid, questioning the legality of the demolition and alleging non-compliance with mandatory provisions under the land acquisition law, particularly the failure to conduct a Social Impact Assessment (SIA).
The demolition was undertaken as part of infrastructure development linked to the Mahakal Temple corridor project, which includes enhanced parking facilities for devotees.
Petitioner’s Arguments
Appearing for the petitioner, Senior Advocate Huzefa Ahmadi argued that:
- The dismissal of the earlier case was wrongly based on the assumption that land acquisition proceedings had attained finality.
- Section 64 of the applicable land acquisition law is limited to compensation-related issues.
- The mandatory Social Impact Assessment under Sections 4 to 8 of the Act was never conducted.
- The petitioner had the locus standi to challenge the acquisition process itself.
Supreme Court’s Observations
The Bench, however, was not persuaded by these submissions. The Court observed:
- The petitioners were occupants, not landowners, and therefore could not invoke provisions meant to protect landowners.
- The requirement of a Social Impact Assessment applies specifically to landowners, not to occupants or users of the property.
- There was no direct challenge to the land acquisition proceedings, only to the award passed under the acquisition.
- The core issue had already been settled, and the present plea did not raise any new grounds warranting interference.
Concluding that the petition lacked merit, the Supreme Court dismissed the plea, effectively upholding the demolition of Takiya Masjid for the Mahakal Temple parking extension project.
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