The Himachal Pradesh High Court has delivered a crucial verdict, setting the stage for the demolition of an illegally constructed mosque in the Sanjauli area of Shimla. In a significant development, a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi vacated the stay order that had previously halted the demolition process initiated by the Shimla Municipal Corporation (SMC).
Court's Directive and Legal Proceedings
The bench was hearing a petition filed by the mosque's management committee, which had challenged the demolition notice issued by the civic body. The court's decision effectively removes the legal hurdle, allowing the SMC to proceed with its action against the unauthorized structure. The judges directed the petitioner, the Sanjauli Masjid Committee, to formally implead the State of Himachal Pradesh as a party in the case. Furthermore, the court ordered the committee to submit a comprehensive affidavit detailing the precise nature of their rights over the disputed land.
The next hearing for this case has been scheduled for May 27, 2024. This legal battle stems from a demolition notice served by the Shimla Municipal Corporation, which declared the mosque construction illegal as it violated the sanctioned building plans and land use regulations.
Background of the Dispute
The controversy revolves around a structure that was built as an extension or new construction adjacent to an existing, older mosque in Sanjauli. Local authorities, after inspection, determined that the new construction lacked the necessary permissions and was not in compliance with the town's planning norms. The SMC, following due process, issued the demolition order to uphold the rule of law and the city's master plan.
The mosque committee, in response, approached the High Court seeking relief and a stay on the demolition, arguing their case for the structure's legitimacy. The initial stay order provided temporary protection, but the latest court decision has now shifted the momentum back in favor of the municipal authorities.
Implications and Next Steps
This ruling reinforces the authority of urban local bodies to act against unauthorized constructions, regardless of the nature of the establishment. It underscores the principle that planning laws and building bylaws must be uniformly applied to maintain order in urban spaces. The Shimla Municipal Corporation is now legally empowered to execute the demolition order, pending any further directives from the court in the upcoming hearing.
The case highlights the ongoing challenges of illegal construction in hill stations like Shimla, where fragile ecology and limited space make adherence to building regulations critically important. The court's intervention to vacate the stay marks a pivotal moment in this specific dispute, setting a precedent for how similar cases of violations might be handled in the future. All eyes will now be on the proceedings scheduled for May 27, where further arguments from both sides will be heard.
