SC refuses to interfere in the order to demolish the mosque built illegally, mentions earlier orders to remove religious places
The Supreme Court refused to interfere in the High Court’s order to demolish the mosque and madrassa built in Chennai by illegally occupying government land. The Supreme Court, while rejecting the petition filed by the mosque and madrassa organization, said that the construction was completely illegal. During the hearing, the court also referred to its earlier order to remove religious places built by illegally occupying public places or government land and said that it is the responsibility of the authorities to remove such illegal constructions.
In oral remarks, the court also said that an illegally constructed building cannot be a place of religious instruction. These observations and orders were given by the bench of Justice Surya Kant and Justice KV Vishwanathan on Monday while rejecting the petition filed by Masjid-e-Hiday and Madrasa. The court said that it does not feel the need to interfere with the High Court order in this matter. The court said that the petitioner is not the owner of that land. That land belongs to Chennai Metropolitan Development Authority. The petitioner organization is an illegal occupier of that land. He never applied for approval of the building plan. The construction is completely illegal.
The Supreme Court said that despite the notice given by the authorities on December 9, 2020, the construction continued unabated. During the hearing, when the lawyer of the petitioner Hiday Muslim Welfare Trust opposed the High Court’s November 2023 order to remove the construction, the court said that the Supreme Court has already ordered that even if there is any illegal construction in a public place. Be it a temple or a mosque or anything else, it should be demolished. All the High Courts are monitoring that order and the State Governments also issue appropriate instructions in that regard.
The organization’s lawyer told the court that people there are not facing any hindrance because of the mosque. And also said that the Trust has purchased that land. But the court noted that the land was still acquired by the Chennai Metropolitan Development Authority (CMDA) and the trust had constructed there without any planning and approval. However, the lawyer, while defending, argued that the land was lying vacant for a long time, which means that the government did not need that land in public interest. The bench retorted to this and asked whether this means that you will take illegal possession of the land. The land belongs to the government, it may use it or not, but you have no right to occupy it.
The bench said that it is very clear that whether it is a temple or a mosque, illegal construction cannot take place. With this the court rejected the petition. However, considering the special circumstances of the case, the court has given time till May 31 to the petitioner to remove the building.
It is known that in a case in Gujarat, the Supreme Court had given several orders between 2009 and 2018 regarding the removal of religious places built by illegal encroachment on public places. The court had said that there should be no illegal construction in public places and the old construction should be looked at on a case-by-case basis. In January 2018, the Supreme Court had sent this case to the High Courts for monitoring.
