Supreme Court backs demolition of THIS iconic Chennai mosque, cites illegal encroachment
The court rejected the argument that the land remained vacant for an extended period, and said that the trust had no right to occupy government-owned land. Despite local authorities issuing a stop-work notice in 2020, the trust proceeded with the construction.
FollowThe Supreme Court has reiterated its stance on unauthorized religious structures on public land, emphasizing that such constructions cannot be venues for preaching religion. The court, while directing the removal of an illegally constructed mosque on public land in Chennai, reminded authorities nationwide of their responsibility to promptly dismantle such encroachments, irrespective of the religious denomination.
A bench, comprising Justices Surya Kant and KV Viswanathan, said that previous court orders, affirming the duty of states and high courts to ensure that no unauthorized constructions in the name of temples, churches, mosques, or gurdwaras take place on public streets or other public areas.
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The case involved an appeal by the Hidaya Muslim Welfare Trust against the November 2023 judgment of the Madras High Court, instructing the removal of the mosque from public land in Chennai. Senior advocate S Nagamuthu, representing the trust, argued that the mosque did not obstruct public access, and the trust had purchased the land.
However, the bench highlighted that the land belonged to the Chennai Metropolitan Development Authority (CMDA), and the trust had constructed the religious structure without planning permission.
The court rejected the argument that the land remained vacant for an extended period, and said that the trust had no right to occupy government-owned land. Despite local authorities issuing a stop-work notice in 2020, the trust proceeded with the construction. The court emphasized its position that unauthorized constructions, whether temples or mosques, are impermissible.
"The petitioner is clearly not the owner of the said plot of land. It belongs to the Chennai Metropolitan Development Authority. The petitioner is an unauthorized occupant, and he never applied for any planning permission. The construction was made in an illegal manner. We are satisfied that the order of the high court does not warrant any interference," the final order said.
In a 2006 case from Gujarat, the Supreme Court had issued directives between 2009 and 2018 to prevent unauthorized constructions of religious structures on public land. The court orders mandated state governments and Union territories to assess existing unapproved religious constructions on a case-by-case basis and take prompt action.
The matter was taken up by the Supreme Court in January 2018 and subsequently referred to the high courts for monitoring the implementation of the top court's orders.
