Notice, reply & Masjid demolition in 3-4 days: High Court seeks Kutch Collector’s response

The High Court, for now, has not made any observations on the legality of the demolition.

A show-cause notice, a reply and an encroachment order issued in quick succession preceded the June 21 demolition of Mohamadi Masjid in Kutch district.

The Gujarat High Court has now sought the Kutch Collector’s response to a petition alleging that the authorities acted before the mosque’s managing body had a fair opportunity to challenge the encroachment proceedings.

Justice Niral R Mehta on Tuesday directed the District Collector, Kutch, to file an affidavit by October 19 and listed the case for further consideration on October 22.

The High Court was hearing a petition, filed by Mohamadi Masjid Jamat through its trustee and mutawalli, Sidhik Tejmal Sama, challenging the action taken by the authorities and seeking a declaration that the demolition was illegal, arbitrary and unconstitutional.

According to the petitioner, the Mamlatdar, Bhuj (Rural), issued a show-cause notice on June 18 under Section 61 of the Gujarat Land Revenue Code, alleging encroachment on government land. The notice was received on June 19 at 1 pm, leaving the managing body only two days to submit its response and supporting evidence, the petition states. The petitioner says it submitted a reply on June 20. However, an order dated June 19 had already declared, among other things, that the mosque was encroaching on government land. The mosque was demolished on June 21, before the managing body could effectively challenge the order, according to the petition.

The sequence of events forms the crux of the contention before the HC as the petitioner has challenged the lack of time to challenge the notice. The petition seeks quashing of the Mamlatdar’s order and a declaration that the demolition violated constitutional protections and binding directions of the Supreme Court. It has also sought restoration of the mosque, compensation for the demolition and departmental, disciplinary and other legal action against the officials responsible. The petition further seeks protection of the site against the creation of third-party rights, permanent construction or other alterations while the dispute is pending.

The court order states, “Considering the aforesaid peculiar facts, let the Collector, Kutch, file an affidavit on or before 19.10.2026.”

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The High Court, for now, has not made any observations on the legality of the demolition.

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Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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