The Supreme Court on Tuesday, 27th February, upheld the demolition of a Chennai mosque illegally constructed on public land.
A bench of Justices Surya Kant and KV Vishwanathan ruled that such unauthorised religious structures can never be a venue for preaching religion.
The SC dismissed an appeal filed by Hydha Muslim Welfare Masjid-E-Hidaya and Madrasa against the Madras High Court order from 22nd November 2023 for the removal of the mosque.
The SC bench reminded the authorities of the previous SC orders asking the states and HCs to ensure that no unauthorised constructions are allowed in the name of temple, church, mosque or gurudwara on public streets or public places.
Appearing for the appellant, senior advocate S Nagamuthu stated that the trust had bought the land and the mosque wasn’t causing hindrance to the public. He further claimed that the land was vacant for a long time.
However, the court noted that the Chennai Metropolitan Development Authority had acquired the land and the construction was raised without any permission.
“The land belonged to the government. You did not have any right to it,” the bench reportedly said.
The court further noted, “The petitioner is admittedly not the owner of the subject property, which vests in Chennai Metropolitan Development Authority, free from all encumbrances; the petitioner is an unauthorized occupant; the petitioner never applied to sanction building plans; the construction was raised in a totally illegal manner; the illegal construction, remained unabated despite notices being served by the CMDA Authorities on December 9, 2020.”
Upholding the Madras HC order, the apex court said the case warrants no interference by this court. The SC granted the petitioner time till 31st May 2024 to remove the mosque.
Notably, on 31st January 2018, the Supreme Court in a case ‘Union of India Vs State of Gujarat’ (2006)’ had directed all the high courts to ensure the implementation of its previous orders on the removal of all illegal religious structures on public places.