Bombay High Court directs BMC to determine the legal status within 10 weeks
MUMBAI — A mosque and madrasa established under the auspices of the Markaz Al-Ma’arif Education and Research Centre in the Oshiwara neighbourhood of northern Mumbai are once again under threat of demolition following a petition challenging their legal status. The Bombay High Court has now directed the Brihanmumbai Municipal Corporation (BMC) to complete hearings with all stakeholders and determine the legality of the religious structures within 10 weeks.
The petition, filed by Konika Sadanand, convener of the Andheri Versova Residents Association, claims that the mosque and madrasa were built illegally on public land adjacent to a playground near Pratiksha Nagar School in Oshiwara’s West Ward. Sadanand submitted to Chief Justice Alok Aradhe and Justice Makrand Karnik that the land originally belonged to the Maharashtra Housing and Area Development Authority (MHADA), and its ownership was later transferred to the BMC in 1989.
According to the petitioner, a portion of the land was allotted to the Markaz Al-Ma’arif Trust for beautification purposes, but the trust allegedly misused the allotment by constructing a mosque and madrasa on the site without due approval.
Maulana Burhanuddin Qasmi, Director of the Knowledge Centre affiliated with the trust, refuted the allegations and provided historical context for the establishment. “After the 1993 riots, this land was barren and used to temporarily house riot victims. Later, the mosque and madrasa were established on this land,” media reports quoted him as saying on Wednesday. “In 2004, MHADA allotted the land to the trust. However, when objections were raised by the petitioner and the matter reached the court, we approached MHADA, who advised us to obtain a No Objection Certificate (NOC) from BMC. Unfortunately, the BMC refused to issue one,” he said.
Maulana Qasmi further said that the legal tussle over the site has been ongoing for more than a decade. “The matter was first taken to the high court in 2012. After several hearings till 2015, the court instructed the BMC to conduct a hearing with both parties and arrive at a decision. Sadly, the BMC failed to act. Meanwhile, MHADA revoked its earlier resolution to allot the land, prompting us to challenge both MHADA and BMC’s decisions in court,” he stated.
The recent petition by Sadanand once again brought the issue before the court. The bench, while hearing the matter involving both parties, has ordered the BMC to carry out a proper survey of the premises and decide on the legality of the structures. The court has emphasised the need for a collaborative hearing involving all concerned parties and instructed the municipal body to submit its findings within ten weeks.
Sadanand has maintained that the constructions are unauthorised and urged the court to direct their demolition. “The land was never meant for permanent religious structures. It is a clear case of encroachment, and legal action should be taken accordingly,” she said.
The Markaz Al-Ma’arif Trust, on the other hand, insists that the structures were built in good faith and in response to the community’s needs following the 1993 riots. It argues that the legal inconsistencies stem from bureaucratic delays and a lack of cooperation from civic bodies.
Meanwhile, members of the local Muslim community have expressed concern over the possible demolition, calling for a fair and transparent resolution to the matter. Many believe the mosque and madrasa serve as vital institutions for religious and educational purposes in the area.
The case has drawn attention not only due to its religious sensitivity but also because of the broader implications it may have on the treatment of community-based institutions in urban redevelopment contexts.
