INDIA: The apex body of jurisdiction passed an order to remove a mosque called “Masjid High Court” from its premises. The Special Leave Petition (SLP) brought by the UP Sunni Central Waqf Board and the Waqf Masjid High Court was denied by the Supreme Court.
The petitioners were given three months to get the mosque taken down by the special bench, which was presided over by Justices MR Shah and CT Ravikumar.
Further, the court issued an ultimatum that if the mosque wasn’t abolished within the given time frame, it would be open for authorities, including the High Court, to have them removed or demolished.
However, keeping sentiments in mind, the hierarchy of the court allowed the petitioners to make representations with the Uttar Pradesh government so that they could get an alternate piece of land in a nearby area. But, considering that such land is not required for another public purpose, either present or future, court passed the order.
The order was passed after the court found that the mosque was situated on government-leased land, and back in 2002, the legal permission expired. Soon after the cancellation of the lease, the land was resumed in favor of the High Court in 2004 for its expansion.
Moreover, the justices noted that the Supreme Court in 2012 affirmed the resumption of land; thus, the petitioners cannot claim any legal right over the premises.
As per Justice Shah, “The government owns the land, which was leased to a private party. The lease has since been terminated.”
Additionally, the counsel for Allahabad High Court, Senior Advocate Rakesh Dwivedi, argued, “The first legal point is that you cannot establish a waqf on private lease land. As a lessee, you have a constrained set of rights. Restrictions apply.”
“And now they are attempting to add a religious tint. They are not entitled… There was no authorization to build a mosque there because the area was natural and in accordance with the patta rules. There, without permission, was built the tin-sheet structure,” he concluded.
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