The move comes after the petition seeking early hearing and protection of the mosque under the Slum Rehabilitation Authority development project was dismissed
MUMBAI – The trustees of Ghausia Madrasa and Masjid, located in the Hanuman Tekri area on the eastern side of the city, are preparing to move the Supreme Court following the Bombay High Court’s decision to fine them ₹2.5 lakh and order criminal proceedings.
The move comes after the trustees’ petition seeking early hearing and protection of the mosque under the Slum Rehabilitation Authority (SRA) development project was dismissed by Justice Kamal Katha, who also directed that the fine be paid to Nityanand Ashram (Malad) Old Age Home.
The trustees against whom the court has issued orders include Muhammad Farooq, Muhammad Ayub Murshid, Atiqur Rehman Ansari, and Israfil Ansari.
The matter began in 2022, when the trustees filed a petition in the Bombay High Court concerning the SRA project. Their plea was to ensure that Ghausia Masjid and Madrasa be properly listed in the “religious” category under Annexure-II instead of being shown as an “educational institution.”
The trustees argued that the mosque had been registered with the Waqf Board since 2004, and therefore, its correct status must be reflected in the redevelopment documents.
However, the SRA claimed that there had been “misrepresentation” in the petition and alleged that the Madrasa Ghousia Committee had changed its name and hidden relevant facts from the court. The development project in question — Aman Shanti SRA Housing Society — is already underway in the area.
According to the SRA, the application by the trustees was rejected on 4 May 2023, followed by the rejection of their appeal on 25 August 2024. Later, an order to vacate the premises was issued on 27 May 2025, and a fresh notice was served on 20 August this year.
Speaking to Clarion India, trustee Mohammad Ayub Ansari said, “We had filed the petition, but we were not given a fair chance to explain our position or respond to the SRA’s allegations. That is why we are now preparing to go to the Supreme Court.”
He added, “The mosque is registered with the Waqf Board, and as per law, its No Objection Certificate (NOC) is required for any demolition or transfer. We are demanding that the mosque be listed properly in Annexure-II and that all agreements be implemented so that no fear remains.”
Ansari further explained that the mosque, spread over more than 5,000 square feet, includes six commercial units and residences for the imam and muezzin. “These have already been demolished with the trustees’ consent under the SRA, but the mosque itself remains intact. We now want legal assurance that it will not be harmed,” he said.
Barkatullah Qadir Khan, another community member associated with the case, told Clarion India, “The developer had promised that nothing would happen to the mosque. It is the largest and oldest mosque in the locality, and everyone knows its importance.”
He added, “Now the developer is going back on his word. The SRA has wrongly written ‘educational institution’ instead of ‘mosque and madrasa’ in the documents. We only want the truth to be reflected — that this is a mosque, not a school.”
Residents in the area have expressed concern over the safety of the mosque, which has long served as a centre of worship and education for the local Muslim community.
Local Muslims have described the high court’s order as harsh and unjust. Many see it as part of a broader pattern of neglect and insensitivity towards Muslim religious institutions during redevelopment projects.
A local social worker remarked, “Whenever such cases arise, Muslim religious sites face unnecessary hurdles. The SRA and developers should follow the Waqf Act and respect the sanctity of the mosque.”
He also questioned the decision to direct the fine money to a non-Muslim institution, saying, “The penalty amount could have been allocated to any charitable or educational body within the Muslim community. The choice of beneficiary itself raises questions about fairness.”
Community leaders have urged the Maharashtra government and the Waqf Board to intervene and protect the mosque. They stress that the redevelopment project should proceed without harming any religious structure.
A trustee stated, “We are not against development, but not at the cost of our mosque. The law clearly states that Waqf properties cannot be acquired or altered without permission from the Board. We only ask for justice.”
With the support of legal experts, the trustees are now finalising their appeal to the Supreme Court. According to sources, senior advocates will soon be approached to represent the case in Delhi.
Community members have also begun raising funds to cover legal expenses. They remain hopeful that the Supreme Court will protect the mosque’s rights and deliver justice.
“We believe the truth will prevail,” said trustee Atiqur Rehman Ansari. “Our faith is in Allah and the Constitution of India.”
