Mandi/ Shimla, Oct 14,
In a development, the Ahle Islam Muslim Welfare Committee has secured an interim stay order from the Principal Secretary (Town & Country Planning) against the demolition notice issued by the Municipal Commissioner-cum-Director of the Town and Country Planning (TCP) Department, Mandi.
The welfare committee, responsible for managing the affairs of a historic masjid located on Jail Road, Mandi, had appealed against the order dated September 13, 2024, which directed them to restore the land and building to its pre-existing condition. The TCP authorities had alleged that recent developments on the property were carried out without proper authorization.
Also read:Â https://himachalscape.com/muslim-community-moves-high-court-against-mandi-mosque-demolition-order/
Represented by advocate Mohammed Ahamed Safee, the appellant argued that the masjid in question has existed for over a century and was duly recorded in revenue records as far back as 1936. The land, comprising Khasra numbers 1280, 2216, 2217, 2218, and 2221, measures 386.19 square meters, all of which have historically been under the possession of Ahle Islam. According to the appellant, the structure suffered extensive damage due to heavy rainfall in 2013, with a major portion of it collapsing in August of that year. The welfare committee claimed that the developments made were necessary repairs to the old structure.
The welfare committee’s appeal emphasized the principle of natural justice, arguing that they were not given a fair hearing before the demolition order was passed. The appeal cited the fundamental rule of *audi alteram partem* (hear the other side), a legal principle that mandates that no one should be judged without being given a chance to present their case. The appellant’s counsel also referenced a 2015 Supreme Court ruling, which stressed the importance of procedural fairness in administrative and quasi-judicial decisions.
Upon reviewing the case, the Principal Secretary ruled in favor of the welfare committee, granting an interim stay on the September 13, 2024, demolition order.
The respondent TCP authorities have been restrained from taking any further action regarding the property until the next hearing. The Principal Secretary clarified that this stay order does not imply a judgment on the merits of the case, but rather serves as a temporary measure to prevent irreparable damage to the appellant’s property.
The TCP Department has been directed to submit all relevant records within three working days. The case will be heard again in 10 days for further adjudication.
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