Bombay High Court Dismisses Plea Seeking Allotment Of Space In Airport To Offer Namaz; Takes Note Of Report Flagging Security Risks

The High Court was considering a Petition whereby the petitioners sought a direction to the Respondents to allot the same space on which a shed was constructed near Terminal 1 of the Chhatrapati Shivaji Maharaj International Airport, and was being used for prayers during Ramzan.

The Division Bench of Justice Firdosh P. Pooniwalla and Justice B. P. Colabawalla held, “Once we are faced with this report, which has been submitted by experts, we are unable to direct the Respondents to allot any space to the Petitioners’ Association, even for a temporary period, to undertake namaz during the month of Ramzan.”

Advocate Shahzad Naqvi represented the Petitioner, while Senior Advocate Vikram Nankani, Advocates Akshay P. Shinde, Jyoti Chavan, Anjali Helekar and Kaushik Mhatre represented the Respondents.

Factual Background

The structure/ temporary shed was demolished by the MMRDA, in April, 2025 as there was a complaint that the said structure/ shed was illegal and unauthorized. The High Court, purely on humanitarian grounds, had earlier requested the Respondents to consider whether some space could be allotted to the Petitioners so that their members were not inconvenienced during the month of Ramzan.

An Intervention Application was also filed by a social and religious organization SakaI Hindu Sabha, highlighting the absence of a designated Shed or Prayer Room within the Airport premises for members of the Hindu community to perform pooja, religious observances or spiritual practices. It was the Intervener’s case that the denial of a similar facility to Hindus, while granting the same to another religious group, would amount to discrimination.

Reasoning

The Bench noted that, as per the Report, all the survey locations were found unsuitable for the construction of a temporary shed due to congestion, safety, and Airport Development Plan constraints. It was further opined in the report that allowing drivers or other individuals of the Association to offer namaz at the prayer shed within the Terminal 1 premises of the International Airport may cause a potential security risk.

On a perusal of the records, the Bench found that from the parking area, where the drivers of the Petitioners’ Association park their cars/ rickshaws, a Mosque is within a distance of approximately 1 km. Considering the petitioners’ argument that the said structure is not a Mosque but is a Madrasa, the Bench stated, “Even assuming, for the sake of arguments, that the same is a Madrasa, it was conceded before us that prayers are offered in that structure. Hence, looking at the totality of the facts of the case, we find that we would not be able to grant any relief to the Petitioners.”

Dismissing the Petition, the Bench held that the petitioners would be at liberty to make a representation to the MIAL (Mumbai International Airport Limited), through the Airport Authority of India, for allotment of a suitable space for namaz in the new re-developed airport, which is proposed to come up in future.

In light of the dismissal of the Writ Petition, the Bench clarified, “...nothing survives in the Intervention Application filed therein and the same is also disposed of accordingly.”

Cause Title: Taxi-Rickshaw OLA-UBER Mens Union v. Adani Airport Holdings Ltd. & Others (Case No.:Writ Petition (L) No.2960 of 2026)

Appearance

Petitioner: Advocates Shahzad Naqvi, Asif Naqvi, Amrin Syed, Naqvi Juris

Respondents: Senior Advocate Vikram Nankani, Advocates Shanay Shah, Shoma Maitra, Mihika Vakharia, Wadia Ghandy & Co., Akshay P. Shinde, Addl. G. P. Jyoti Chavan, AGP Fatima Lakdawala, Advocate Anjali Helekar

Click here to read/download Order