In a firm ruling, the Supreme Court of Bharat on Thursday dismissed a plea filed by Mohammed Taiyab, a Muslim, challenging the acquisition of land on which the Takiya Masjid stood in Ujjain. According to reports from Bar and Bench, the verdict removes the final legal hurdle to the expansion of the Mahakal Lok Phase-II project, which is linked to the redevelopment of the Mahakaleshwar Temple complex.
Bench rejects the standing of the petitioner, Mohd Taiyab
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that the petitioner lacked locus standi, as he was neither the owner nor a recorded titleholder of the acquired land. Merely claiming to be a devotee or regular worshipper, the Court ruled, does not confer the legal standing required to invoke constitutional jurisdiction to challenge a land acquisition.
The Court noted a crucial legal deficiency in the plea: there was no substantive challenge to the acquisition notifications themselves. Instead, the petition targeted the compensation award. The Bench made it clear that disputes over compensation fall squarely within the statutory remedies provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, and cannot be repackaged as constitutional grievances.
Claims of illegality firmly rebuffed
Arguments alleging violations of social impact assessment norms, misuse of urgency provisions, and non-compliance with safeguards under the 2013 Act were unsuccessful in persuading the Court. The judges emphasized that such claims, even if assumed, could not be entertained by a petitioner without ownership or title, particularly when alternative remedies exist under the statute.
The Supreme Court effectively endorsed the earlier judgment of the Madhya Pradesh High Court, which had upheld the acquisition for Mahakal Lok Phase-II and clarified that non-owners could only seek a reference on compensation under Section 64 of the 2013 Act. Challenges to the acquisition itself, the High Court had ruled, were legally untenable in such circumstances.
Allegations of religious bias rejected
As per OpIndia reports, the plea’s attempt to frame the acquisition as religious discrimination, claiming Waqf status for the land and alleging a violation of constitutional protections under Articles 14, 25, 26, and 300-A, was summarily rejected. The Court held that such assertions cannot survive when raised by a petitioner lacking standing and when the acquisition serves a recognized public purpose.
Mahakal Lok Phase-II
With this dismissal, the apex court has conclusively closed the chapter on litigation surrounding the Takiya Masjid land. The decision brings legal finality to the acquisition and clears the way for the uninterrupted continuation of the Mahakal Lok Phase-II project, a key redevelopment initiative aimed at enhancing infrastructure, public facilities, and pilgrim amenities around one of Hindu dharma’s most revered Jyotirlingas.
