Shimla MC orders demolition of Sanjauli Mosque after 15-year legal battle
Old photo used for indicative purpose only
Shimla, May 3,
In a verdict on a widely discussed land dispute, the Municipal Corporation Court in Shimla on Saturday declared the five-storey mosque structure in Sanjauli area unauthorized and ordered its complete demolition. The decision comes after more than 15 years of legal wrangling and over 50 hearings in the MC commissioner’s court.
Municipal Commissioner, who presided over the case ruled that the mosque had been constructed in gross violation of municipal building byelaws. The court found that no building permit, sanctioned structural map, or no-objection certificate (NOC) was ever obtained from the Shimla MC. In October last year, the civic body had already ordered the demolition of the top three floors. Saturday’s order extended the demolition to the lower two floors, thereby mandating the razing of the entire structure.
Though the detailed order is yet to be released, but the MC commissioner pronounced the verdict in open court, stating that the mosque committee and the Himachal Pradesh Waqf Board had failed to establish. The petitioner argued that after the demolition of the old mosque, the land reverted to the State government and neither the Waqf Board nor the mosque committee had any legal claim over it. The court accepted this contention, rejecting the Waqf Board’s repeated assertions of ownership.
The legal dispute dates back to 2010 when a local resident filed an application before the Shimla MC against the construction of the new mosque. The case gained urgency following an October 21, 2023 order by the Himachal Pradesh High Court, which directed the municipal corporation to issue a final decision within eight weeks.
Communal tensions escalated in recent months following a clash at Mehli in Shimla on August 31, 2023. In the aftermath, several individuals reportedly sought shelter in the Sanjauli mosque, prompting protests. On September 11, police resorted to a lathi charge and water cannons as demonstrations turned unruly, leaving 10 people injured, including six police personnel.
The petitioner’s counsel informed the media that the mosque committee and the Waqf Board had both failed to produce legally valid documentation proving ownership of the land. “The mosque was built illegally, replacing the earlier structure without obtaining proper permissions from the municipal corporation,” he stated.
Interestingly, the case has also drawn attention to broader issues of encroachments and unauthorized religious structures across Himachal Pradesh. Observers point out that numerous shrines belonging to the majority community have been similarly raised on government land without permissions. However, neither the civic body nor the petitioner made references to these structures during the trial, raising concerns of selective enforcement.
With the court’s demolition order now pronounced in public domain, all eyes are on the municipal authorities to see how and when it will be implemented. Meanwhile, community leaders have called for calm and urged for a balanced approach in handling similar cases of unauthorized construction across religious lines.
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