( 1 ) THIS public interest petition under Art. 226 of the Constitution challenges the constitutional validity of provisions of Sec. 212 of the Bombay provincial Municipal Corporations Act, 1949 (hereinafter referred to as the B. P. M. C. Act or the Act) on the touchstone of Arts. 25 and 26 of the Constitution of India and also challenges the orders dated 7th October 1995 (Annexures C and D to the petition) requiring the trustees of the Trusts managing Mohammad Arif Minara masjid and Golwali alias Halkara Masjid in Surat to demolish and remove a part of the aforesaid two mosques for clearing the road line as set under the provisions of Sec. 212 of the Act.

( 2 ) INITIALLY the petition was mainly filed against Surat Municipal corporation (hereinafter referred to as the Corporation ). Subsequently the trustees of the aforesaid two Trusts managing the aforesaid mosques were added as respondents in order to decide the controversy involved in this petition completely and effectually. Notice was issued by this Court and ad interim relief was granted directing the respondents to maintain status quo. In response to the notice affidavit-in-reply was filed on behalf of the respondent-Corporation. In view of the amendment of the petition the respondents filed further affidavit-in-reply. Thereafter, rejoinder affidavits by the petitioner and sur-rejoinder affidavit on behalf of the respondents have been filed. With the consent of the learned Counsels for all the parties, the petition was heard for final disposal.

( 3 ) THE facts leading to the filing of the present petition, briefly stated, are as under :3. 1. Mohammad Arif Minara Masjid (popularly known and hereinafter referred to as the Minarawali Masjid) and Golwali alias Halkara Masjid (popularly known and hereinafter referred to as the Golwali Masjid) are situate on the Bhagal main road in the city of Surat. Minarawali Masjid is managed by Mohammad Arif Minara masjid Trust, a wakf which is registered as a Public Trust under the Bombay Public trusts Act, 1950. According to the petitioners, the said mosque was existing even in the year 1867 when the Collector, Surat issued a Sanad in respect of the mosque to the then mutawali thereof. Golwali Masjid is managed by another wakf Golwali alias Halkara Masjid Trust, which is also registered as a Public Trust under the aforesaid Act of 1950. 3. 2. Under the provisions of the Gujarat Town Planning Act, 1976 (hereinafter referred to as the T. P. Act), the Surat Urban Development Authority (SUDA) has been constituted for preparing the development plans for Surat Urban Area. The suda prepared a development plan for the area including the Bhagal main road and certain other areas of Surat city. The Corporation had issued a public notice on 9th November 1988 inviting objections against the draft development plan which also included the provision for widening of Bhagal main road on which the aforesaid two mosques abut. After considering the objections, the Standing Committee of the municipal Corporation passed a resolution on 20th May 1989 under Sec. 210 of the b. P. M. C. Act prescribing a fresh road line in substitution of the existing road line. The said fresh road line is now called regular line of the street. As per the said sanctioned development plan in place of the existing 40 ft. wide road line, 60 ft. wide regular line of the street was provided on the aforesaid site in question which is on a junction of five roads. 3. 3. Respondent No. 2, i. e. , the Director of Planning of the Corporation issued notices dated 7th September 1995 under the provisions of sub-sec. (1a) of Sec. 212 of the B. P. M. C. Act calling upon the trustees of the aforesaid two mosques to demolish and remove a portion of the respective mosques so as to fall in line with the sanctioned regular road line, as per the plan sanctioned in the year 1989. The trustees of the aforesaid two wakfs lodged their objections including the objections to the effect that the