Uttarakhand High Court Dismisses Petition Against Mosque Sealing Order
The Uttarakhand High Court has dismissed a petition challenging the Mussoorie-Dehradun Development Authority's (MDDA) order to seal a mosque in Dehradun over alleged unauthorized construction. The court observed that relief under Article 226 of the Constitution cannot be granted to a party acting in violation of the law.
Court Hearing and Petitioner's Claims
The matter was heard by a single bench of Justice Pankaj Purohit. The petitioner, Jama Masjid Society, Thano, had sought the quashing of a February 13 notice issued by the MDDA, which directed the Senior Superintendent of Police (SSP) to provide police assistance for sealing the mosque. During the hearing, it was acknowledged that the petitioner had not applied for prior permission to construct the disputed structure, leading the MDDA to issue the sealing notice.
It was also admitted that the society had not applied for compounding of the unauthorized construction, a process that could regularize such violations under certain conditions.
Court's Observations on Legal Violations
In its ruling, the bench stated, "In such view, this court cannot come to the rescue of a person who is totally acting in violation of law and is now, at the same time, seeking remedy under Article 226 of the Constitution, which can only be granted to a person who comes with clean hands before this court." The court further emphasized that since the petitioner itself was in default, the high court could not become a party to the illegality by granting relief for construction carried out without permission.
Limited Relief Granted by the Court
However, the bench granted limited relief to the petitioner. It observed that if the petitioner submits an application with the requisite documents within four weeks for compounding of the unauthorized construction, the MDDA shall consider the same within four weeks. This consideration must be in accordance with the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973, which is applicable in Uttarakhand.
This decision underscores the court's stance on upholding legal procedures while providing a pathway for regularization in compliance with existing laws.
