The Bombay High Court on Thursday dismissed a petition by the Taxi-Rickshaw Ola-Uber Association seeking temporary space at Mumbai’s domestic airport to offer prayers during Ramzan. The association asked the Court to restore a demolished prayer shed near Terminal 1 or allot an alternative 1,500 sq. ft. area for namaz.
A Division Bench of Justice B.P. Colabawalla and Justice F.P. Pooniwalla declined to grant relief. The Bench said security considerations must prevail.
“When there is a security risk, security comes first; irrespective of religion. When it comes to security, we will not compromise one bit,” the Bench orally observed.
However, the Court allowed the association to approach the Airports Authority of India (AAI) and Mumbai International Airport Limited (MIAL). It can seek space at the redeveloped airport, subject to the authorities’ decision.
What The Petition Sought
The association moved the High Court in February 2026. It stated that a temporary prayer shed near Terminal 1 existed for nearly three decades. The Mumbai Metropolitan Region Development Authority (MMRDA) demolished it in April 2025.
The petition sought directions to restore the shed. In the alternative, it sought space within airport premises for prayers during Ramzan.
Submissions By The Petitioners
Advocate S.B. Talekar, for one of the petitioners, said a temple had recently come up in the vicinity. He argued that the authorities raised security concerns only after a third-party complaint.
Advocate Shahzad Naqvi, for the association, said the shed existed for around thirty years. He said no security incident occurred during that period. He also said the authorities had originally identified the location.
Naqvi added that drivers faced inconvenience after the demolition. He said the issue becomes acute during Ramzan.
State And Airport Operators Cite Security And Space Constraints
Additional Government Pleader Jyoti Chavan, for the State, said the domestic terminal is a high-security and high-footfall zone. She pointed to frequent VVIP movement. She said the airport cannot permit unauthorised structures.
Senior Advocate Vikram Nankani, for MIAL, said the demolished shed stood close to a VIP entrance. He said that proximity created a potential security risk.
The State also said a mosque exists nearby. It added that at least three mosques lie within walking distance of the drivers’ parking area.
Security Survey And Court’s Key Observations
During earlier hearings, the Bench asked the State to explore alternative locations. The authorities then conducted a security survey of seven possible sites.
The government told the Court that none of the seven sites worked. It cited security concerns and space constraints. It also pointed to ongoing development work at the terminal.
The Bench rejected the parity argument based on the temple. It said that even if a temple exists nearby, it does not justify another structure.
“Even if we assume there is a temple, two rights do not make a wrong. If someone comes to us saying that structure is illegal, we will order them to demolish that structure also,” the Court remarked.
The Bench acknowledged the inconvenience to drivers. Still, it said it could not ignore the security assessment.
“Even if there is no mosque for the sake of argument, they can’t have something like this at the airport. We have not seen this anywhere else. You cannot say you want to carry out your prayer here only. The report says there is no space available for you over there,” the Court observed.
Plea Dismissed, Liberty Granted To Approach AAI And MIAL
After considering the security report, the Court refused to direct allotment of space. It said it could not order any temporary arrangement for Ramzan.
“Once we are faced with this report, we are unable to direct the respondents to allot any space to the petitioner association, even for a temporary period to undertake namaz during the month of Ramazan. Looking at the totality, we find that we are unable to give any relief to the petition. It is accordingly dismissed,” the Court held.
At the same time, the Bench left open the possibility of future arrangements. It granted liberty to the petitioners to approach MIAL and AAI for space at the redeveloped airport. The authorities will decide the request based on security and development considerations.
“These (the drivers) are the people who service the passengers who come from the airport. Offering prayers is something that is an integral part of their religion,” the Bench orally observed.
