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Sanjauli Mosque Row: Court Denies Stay On Order To Demolish Construction, Next Hearing On Nov 11

Sanjauli Mosque

The issue of illegal construction at a mosque in Sanjauli, the largest suburb of Shimla, has reached the district court. Following a hearing on Wednesday, the Additional District and Sessions Court (Shimla) has scheduled the next hearing for November 11.

Three Muslim welfare committees from Paonta Sahib, Bilaspur, and Dinka Mandai filed the appeal under the banner of the All Himachal Muslim Association, represented by Najakat Ali Hashmi.

In the appeal, it was stated that the Sanjauli Mosque Committee is not registered and that the committee head, Mohammad Lateef, lacks the authority to make decisions regarding the mosque. The court, presided over by Justice Praveen Garg, did not grant a stay on the decision made by the Municipal Commissioner regarding the case, meaning the Muslim side didn’t receive a stay order.

The court has also requested the entire case record from the Municipal Corporation and related parties for the next hearing.

The mosque committee had previously sought permission from the Shimla Municipal Commissioner to remove the illegal construction. The Commissioner granted this permission, instructing the committee to remove the construction at their expense within two months.

Meanwhile, local resident Jagatpal Thakur filed a petition in the High Court, requesting a decision on the illegal construction that took place in 2010.

The next hearing is set for November 11, following the High Court’s directive to the municipal administration to resolve the matter before December 20. During the proceedings, advocate Vishwabhushan represented the appellants and requested a stay on the Municipal Commissioner’s decision, which was denied by Justice Garg.

Jagatpal Thakur, representing local residents, argued that Najakat Ali Hashmi, who filed the petition on behalf of the Paonta Sahib committee, has no connection to this case.

In the appeal, Hashmi mentioned that he donated funds for the construction of the Sanjauli Mosque, thus qualifying him as an aggrieved party regarding the Municipal Corporation’s decision to demolish the structure.

He questioned the basis on which Lateef and Salim provided the letter to the Municipal Commissioner allowing for the demolition of three floors of the mosque, challenging their authority to act in this matter.

Thakur, representing local residents, urged that the local populace should also be considered a party in the case. After the hearing, he stated that the High Court had already issued instructions on October 21 for the Municipal Commissioner to address the complaint from 2010 within eight weeks. The court ordered that the matter be resolved by December 20.

Thakur asserted that Hashmi is neither a stakeholder nor an aggrieved party, questioning his involvement as a resident of Paonta Sahib and stating that his petition’s maintainability should also be challenged.

He claimed that during the next hearing on November 11, the opposing party’s petition would be dismissed, and they would seek at least five lakh rupees in fines from the court.

Read More: Supreme CourtDelhi High CourtStates High CourtInternational

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About the Author: Meera Verma

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