Shimla, Nov 14,
The Shimla District Court has scheduled a hearing on November 18th to address a petition challenging the Municipal Corporation Commissioner’s order to demolish three floors of a mosque in Sanjauli.
Presiding Judge Praveen Garg rejected an application by local residents to join the case as parties, deeming their involvement unnecessary in the dispute between the Municipal Corporation Shimla and the Wakf Board.
The primary petition, filed by the Muslim side represented by Advocate Vishwa Bhushan, contests the Commissioner’s order to partially demolish the mosque. The Muslim side alleges that Mohammad Latif, President of the Sanjauli Mosque Committee, submitted a consent for demolition without proper authorization.
Advocate Bhushan stated the court granted additional time to prepare arguments, which will be presented on Monday.
Advocate Jagat Paul, representing the local residents, argued in a 25-page submission that their inclusion would not significantly impact the case, as their primary concern is adherence to municipal regulations. He emphasized that the issue primarily involves the Municipal Corporation Shimla and the Wakf Board, noting that any construction within Shimla’s jurisdiction requires municipal approval, which the Wakf Board allegedly did not obtain. Paul contends that this lack of compliance with municipal regulations is the core issue, and thus, no third-party involvement is required.
Addressing the media outside the court, Advocate Jagat Paul asserted that the Wakf Board has a history of inconsistent statements and has portrayed itself as above municipal law. Paul added, “If the Wakf Board believes it is exempt from the law, I am prepared to pursue legal action, including potential jail time for non-compliance.”
The order to demolish three floors stems from the Municipal Corporation’s assertion that the mosque’s construction violated local regulations.
The case’s progression has drawn public interest due to the legal implications for both municipal authority and religious boards, highlighting broader issues of regulatory compliance in Shimla.
The District Court’s ruling and the upcoming hearing will determine the legality of the construction and the accountability of those involved. Both parties have expressed firm stances, with the Wakf Board challenging the legitimacy of the demolition order and the Municipal Corporation upholding its mandate to regulate unauthorized construction.
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