A Special Leave Petition (SLP) has been filed in the Supreme Court by Mohammed Taiyab challenging the Madhya Pradesh High Court’s order dated October 7, 2025, which upheld the demolition of the 200-year-old Takiya Masjid in Ujjain. The demolition was carried out to expand the parking area near the Mahakal Temple complex.
The petition, filed through Advocate-on-Record Vaibhav Choudhary, arises from the Division Bench ruling of Justices Vivek Rusia and Binod Kumar Dwivedi, which affirmed the Single Judge’s decision dismissing the petition for reconstruction of the demolished mosque. The High Court relied on the 1978 Allahabad High Court decision in Mohammad Ali Khan v. Special Land Acquisition Officer, holding that the right to practice religion under Article 25 does not guarantee the preservation of a specific place of worship and that prayers may be offered elsewhere.
The petitioners contend that the High Court’s order violates their fundamental right to religious freedom and disregards statutory safeguards under the Waqf Act, 1995, Places of Worship Act, 1991, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The SLP argues that the demolition was carried out without approval from the Madhya Pradesh Waqf Board, despite the mosque being notified as Waqf property in the 1985 State Gazette.
The petition also notes that the action contravenes the Supreme Court’s earlier directions in Writ Petition (Civil) No. 295 of 2022 restraining demolitions without judicial sanction. The petitioners seek restoration of the demolished mosque and reconsideration of the constitutional interpretation of Articles 25 and 26 in light of the facts of the case.

