Looking to comply with the Shimla municipal commissioner (MC) court’s order to demolish the top three unauthorized floors of Sanjauli Mosque in Shimla, the mosque committee has now written to Waqf board seeking “direction”.
Written by mosque committee president Mohammed Latif, the letter seeks Himachal Waqf board’s permission to demolish three floors (second, third and fourth) of the mosque complex.
“As the property is under the supervision and management of HP Waqf board so I have written a letter seeking directions in wake of the orders,” Latif said, adding, “I have referred to the order of Shimla municipal commissioner’s court and have sought permission. from Waqf board so that action can be taken in wake of the order.”
The MC court had on October 5 ordered the demolition of the top three unauthorized floors of Sanjauli Mosque in Shimla and gave a two-month deadline to the mosque committee to execute its orders. The court also ordered that the mosque committee and the Waqf Board will bear the cost of the demolition of the unauthorized portion. The case will now come up for hearing on December 21.
The development had come after a massive protest in Shimla on September 11 demanding the demolition of an unauthorized portion of the mosque, following which the mosque committee had given an undertaking to the MC commissioner offering to demolish the unauthorized portion of the mosque themselves.
Mandi MC court’s mosque demolition order stayed
The court of urban development and town and country planning principal secretary, meanwhile, has stayed the demolition order for the mosque located on Mandi’s Jail Road issued by the local MC court, which had invited an appeal from the managing committee.
They requested an interim stay while their appeal is pending. The stay order will remain in effect until the next hearing, scheduled for October 20.
Principal secretary Devesh Kumar serves as the appellate authority to hear appeals against the orders issued by the Municipal Commissioner, Mandi.
Hearing the appeal, the appellate authority in its order stated that in adherence to the principles of natural justice, the appellant has been given a reasonable opportunity to present their case. “A prima facie case has been established in favor of the appellant regarding their property, and the respondent cannot interfere. Irreparable loss and injury, along with the balance of convenience, are in the appellant’s favour. Therefore, the respondent corporation is restrained from taking further action…The matter is listed for further hearing and adjudication after 10 days,” the order added.
The MC court had on September 13 declared the mosque structure illegal, stating that the recent construction in the structure was carried out without the necessary approvals under the Himachal Pradesh Town and Country Planning Act.
