Consider On 'Humanitarian' Grounds If Muslim Drivers, Passengers Can Offer Namaz At Temporary Shed Near Mumbai Airport: Bombay HC To MMRDA

The Bombay High Court on Friday directed the Mumbai Metropolitan Region Development Authority (MMRDA) to make a statement by next week spelling out if it will consider purely on 'humanitarian' grounds, to permit the autorickshaw, taxi, Ola-Uber drivers and even passengers to offer Namaz at a temporary shed in the vicinity of the Domestic Terminal of the Chhatrapati Shivaji Maharaj International Airport (CSMIA), at least for the ongoing holy month of Ramadan. 

A division bench of Justice Burgess Colabawalla and Justice Firdosh Pooniwalla opined that the sudden demolition of the shed in April last year, which was there since 1995, could cause some inconvenience not only to the drivers but even to some passengers, especially during the Ramadan month. 

"Purely on humanitarian grounds consider their request because besides them even the passengers might suffer....Consider this temporary shed only for Ramadan..." Justice Colabawalla orally told advocate Akshay Shinde, who represented the MMRDA.

The bench was hearing a petition filed by - Auto-Taxi, Ola-Uber Men's Union - basically a group or a union of drivers, who offer their services at CMSIA. The union challenged the decision of the MMRDA, which allegedly on a complaint of a third party - Santosh Mishra - demolished the temporary shed, where the Muslim drivers and even hotel staff, offered Namaz regularly. The union had petitioned the bench through their advocate Shehzad Naqvi.

This shed, the union claimed has been in the periphery of the airport since 1995 but was demolished suddenly by the MMRDA on April 5, 2025, allegedly on Mishra's complaint. The MMRDA, however, contended that its officials acted only after some complaint were received against the 'illegally' constructed shed. 

Senior Advocate Vikram Nankani appeared for the Adani Airport Holdings (which is managing the airport) and informed the judges that the issue in the present case pertains to 'sentiments' and that his clients being on lease, have a 'limited role' in this petition. 

However, for the limited prayer of providing a shed for the Ramadan month, Shinde told the judges, that the petitioner union can file a representation or an appropriate application, which can be considered by the MMRDA.

The bench expressed that it was not impressed by this submission stating, "In deciding this application or representation, the Ramadan month will be over by then and the petition or even their representation would become infructuous. We only want a commitment and a statement from a responsible officer of the MMRDA stating whether they will permit the shed or not, at least for the month of Ramadan purely on humanitarian grounds."

The bench asked Shinde to return with 'appropriate' instructions on this limited point. 

The bench further clarified, "We are not asking you to regularise the structure or something like that... Just let them put up a temporary shed for the limited purpose of Ramadan and the same can be later removed... We will also take an undertaking from them that if they do not remove it after Ramadan, we will not permit them (to offer prayers there) for future... So we need a statement that's it."

The matter has been posted for further hearing next week.