Shimla, Oct 21
The Himachal Pradesh High Court, in a hearing, directed the Shimla Municipal Corporation to deliver a final decision within eight weeks regarding the 15-year-old case concerning the alleged illegal construction of a mosque in Sanjauli.
Justice Sandeep Sharma, presiding over the matter, ordered the Municipal Corporation to act upon an application that was first filed in 2010. Even though a detailed order is awaited in the matter but as per information the court further instructed that notices be served to all stakeholders involved in the case.
The case was brought to the High Court through a writ petition, filed on October 19 by a local resident of Sanjauli, who argued that the municipal authorities had failed to issue a decision despite the case having been pending for nearly 15 years. Advocate Jagat Pal, representing the petitioner, stated that despite the completion of legal proceedings, the Shimla Municipal Corporation had not yet made a conclusive ruling on the issue.
Justice Sharma noted that the Shimla Municipal Corporation had only issued an order on October 5, 2024, regarding an application submitted by the Sanjauli Masjid Committee and the Waqf Board, which addressed the demolition of three allegedly illegal floors of the mosque. However, the main case, listed as case number 824/AP/2010, remains undecided after years of delay.
In light of this, the High Court ordered the Shimla Municipal Corporation to render its decision within eight weeks and to ensure that all relevant parties are notified.
Demolition of illegal floors begins
In a parallel development, the demolition of the three allegedly illegal floors of the Sanjauli mosque commenced today, after the Waqf Board gave its formal approval for the process. Reportedly, the Sanjauli Masjid Committee had earlier sought permission from the Waqf Board for the demolition, which was granted on Monday.
Also read:Shimla MC Court orders partial demolition of unauthorized Sanjauli Mosque construction
The demolition comes after the Municipal Corporation’s Commissioner Court, in its 46th hearing on October 5, 2024, ordered the removal of the top three floors of the five-storey mosque. This verdict followed years of legal proceedings and notices issued by the corporation, beginning with a complaint filed on March 31, 2010. The first stop-work notice was issued to Salim, a party involved in the case, on May 3, 2010. Despite multiple notices, including 27 to Salim and 11 to the Waqf Board, construction continued, and by 2018, a five-storey structure had been completed.
The Municipal Corporation had issued a total of 38 notices to halt construction, but despite these efforts, illegal construction persisted. In 2016, Salim stopped attending court hearings, leading to an ex-parte order being issued against him. Over the course of 45 hearings, the case saw significant delays, culminating in the court’s recent demolition order.
As of today, demolition of the top three floors has begun, signaling an attempt to resolve a protracted legal battle over the mosque’s construction.
Also read:Shimla Mosque controversy- A Political consequence of ignoring illegalities?
The Shimla Municipal Corporation is now under pressure to issue a final verdict within the timeframe set by the High Court, bringing a possible resolution to this prolonged legal dispute.
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