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The court’s decision affects both the ground and first floors of the mosque, which have now been deemed illegal. This follows an earlier order issued on October 5, 2024, which directed the demolition of the second, third, and fourth floors.
In a significant legal development, the Municipal Corporation (MC) Court in Shimla has declared the entire structure of the mosque in the Sanjouli area as illegal and ordered its demolition. The court ruled that the mosque had been constructed without the necessary permissions, including a valid building permit, a No Objection Certificate (NOC), and a sanctioned map, violating municipal regulations.
Court’s Decision and Grounds for Demolition
The court’s ruling applies to all four floors of the mosque. The ground and first floors, which were not previously targeted for demolition, have now also been deemed illegal. The court had earlier issued an order on October 5, 2024, for the demolition of the second, third, and fourth floors. Local lawyer Jagat Pal, who has been representing the residents advocating for the demolition, confirmed that this decision is part of a broader process mandated by the Himachal Pradesh High Court. The High Court had instructed the Municipal Commissioner to resolve the issue within six weeks, which culminated in today’s verdict.
Issues of Ownership and lack of legal documents
The court also addressed the issue of land ownership. The Himachal Pradesh Waqf Board, which manages Muslim religious properties, failed to provide any valid documentation proving its ownership of the disputed land over the past 15 years. Furthermore, the Board did not obtain a tax NOC from the Municipal Corporation nor submit any legitimate documents to support its claim in the court. This lack of legal evidence cast doubt on the mosque’s construction and ownership.
Unauthorised demolition and illegal construction
The court also highlighted that the original structure was demolished without the required permission, and the new construction was carried out unlawfully, violating the provisions of the Municipal Corporation Act. The new building was erected on the disputed land without adhering to the necessary legal and regulatory processes, which the court considered a blatant violation of municipal laws.
Implications of the ruling
This landmark ruling has significant legal and social implications. The court’s decision emphasizes the importance of adhering to municipal and legal frameworks when constructing buildings, especially religious structures. The mosque’s demolition order has sparked protests in the region, reflecting the broader tensions surrounding the issue. While the legal violations are the primary concern, the case also brings to light issues of land ownership, religious sensitivities, and the impact of unauthorized construction on the local community.
The Himachal Pradesh Waqf Board has yet to respond to the court’s decision, but the ruling is expected to have wide-ranging consequences for similar cases in the future. The enforcement of the demolition order will be closely monitored in the coming weeks, and it remains to be seen whether further legal challenges or political interventions will arise. This case could set an important precedent for future disputes over unauthorized religious construction in the state.
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