Dawoodi Bohra Jamaat Counters Pulling Down of ‘Heritage’ Structure, Says Mere Renovation Required
In a decision delivered on September 9, 2024, the Udaipur Upper Session Court-2, has rejected the plea submitted by Syedna Mufaddal Saifuddin to allow for demolition of Moiyyadpura Masjid and construct a new structure in its place. After hearing the interested parties involved, Udaipur Additional District & Sessions Court - 2 Judge, Damayanti Purohit delivered her judgement on the premise that it was outside the scope of this Court's jurisdiction.
The plea had been filed by the Masjid’s local representative, Shabbir Mustafa on July 6, 2023, on behalf of Syedna Mufaddal Saifuddin. He sought the demolition of Moiyyadpura Masjid on the claim that the structure was in a dilapidated state and unfit for use. In his plea, Shabbir Mustafa mentioned that Syedna Mufaddal was the sole trustee of the masjid and, therefore, responsible for its maintenance.
Arun Vyas, advocate for Dawoodi Bohra Jamaat (Bohra Youth), argued that an order issued in 1991 by Rajasthan High Court had put Moiyyadpura Masjid under a Court-appointed Receiver who was responsible for the locking and unlocking of its doors under the observance of the Dhanmandi police station, Udaipur. Additionally, all utility bills for the masjid were paid for by Dawoodi Bohra Jamaat. Further on, this masjid, Arun Vyas elaborated, was around 150 years old and hence, considered a heritage and artistic structure. He argued that the building required mere renovation and not demolition.
Advocate Vyas said that a court commissioner and a court-appointed chartered engineer had reviewed the structure and as per the report filed by the latter, currently demolition was not needed.
After listening to both the parties, Judge Damayanti Purohit dismissed the plea saying that permitting changes to the core structural framework and/or reconstruction was neither within the jurisdiction of this court nor under the authority of the Receiver. She added that if the applicant is seeking masjid reconstruction, he/she should make the Court Receiver a party to the plea and submit detailed review documents and estimate of expenses through the Receiver to the Rajasthan High Court.
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