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This is an archive article published on September 8, 2024

Sanjauli mosque case: Waqf Board claims ownership, court asks how single storey structure turned into 5 storeys

Advocate Pal said they were forced to join the issue as it had been lingering in the MC Commissioner's court for the past 14 years and the Waqf Board was made a party only in 2023.

sanjauli mosque caseThe Waqf Board also appealed to the court not to demolish the mosque and to approve its construction plans.

The Himachal Pradesh Waqf Board Saturday submitted in a Shimla court that mosque in Sanjauli Colony belongs on its land, but it has no idea “who constructed additional four floors”. It also submitted that the matter is not about the legality of the mosque but of the additional floors added to the already existing structure on its land. Meanwhile, some residents of Sanjauli submitted an application seeking to be impleaded as a party in the case.

The Waqf Board and the locals made the submission in Shimla Municipal Corporation Commissioner’s court. After hearing both the parties, the court fixed the next hearing for October 5.

Advocate Jagat Pal, representing the Sanjauli local residents, submitted that the land on which the mosque is built belongs to the revenue department of the state government and that the Waqf Board is an encroacher. He submitted that the Waqf Board has been unable to produce any evidence of ownership. Another application submitted by the local residents outlined the difficulties they face due to the religious structure.

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Advocate Pal said they were forced to join the issue as it had been lingering in the MC Commissioner’s court for the past 14 years and the Waqf Board was made a party only in 2023. The counsel submitted that it was not a communal issue but that of illegal construction and the mosque must be demolished.

Appearing for Waqf Board, Advocate Bhup Singh Thakur submitted that they were aware of the construction of the first floor, but they have no knowledge of who built the additional four floors. The Waqf Board also appealed to the court not to demolish the mosque and to approve its construction plans.

Waqf Board State Officer Qutubuddin Ahmed claimed that the land belongs to the Waqf Board. He too claimed that records show only a single-story mosque, but they are not aware of who carried out the illegal construction.

“The MC Commissioner’s Court had sent a notice to Waqf Board in 2023 and it submitted the reply during the last hearing. Another summons was issued after that and we submitted the reply through our counsel today,” Ahmed said.

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He told reporters that the dispute was not about the ownership but about the further development of the shrine. He said that according to records, when Shimla was in Punjab, the Waqf Board became the owner of the land. He also said that offering of prayer will continue at the mosque.

Hearing the submissions, the court asked the Waqf Board and the mosque committee to explain how a single storey mosque became a five-storey structure. This was 45th hearing pertaining to the matter.

Two Hindu outfits on Thursday had staged a protest at Chaura Maidan demanding the demolition of the mosque terming it illegal. Hindu Jagran Manch’s state unit president Kamal Gautam had also alleged that the mosque was being used to give shelter to “outsiders”.

The matter also rocked the Vidhan Sabha where Rural Development Minister Anirudh Singh advocated the demolition of the mosque. He had defended the protest by the right wing organisations. Chief Minister Sukhvinder Singh Sukhu had on Thursday said all state residents have the same rights and he has respect for all religions.

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“Peaceful protests are permitted but nobody will be allowed to take law into his hands,” he had said.

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