Supreme Court upholds Allahabad HC’s order to remove mosque from its premises

The decision of the top court Bench was based on the fact that the mosque was located on government lease land and the grant was cancelled in 2002

March 13, 2023 04:24 pm | Updated 08:37 pm IST - NEW DELHI

The Waqf Masjid High Court and the U.P. Sunni Central Waqf Board had moved the Supreme Court against the High Court decision.

The Waqf Masjid High Court and the U.P. Sunni Central Waqf Board had moved the Supreme Court against the High Court decision. | Photo Credit: R.V. Moorthy

The Supreme Court on March 13 dismissed special leave petitions challenging a 2017 judgment of the Allahabad High Court to remove a mosque from the High Court premises.

The High Court had ordered the removal of the mosque to avail the land for its own use/expansion.

A Bench led by Justice M.R. Shah confirmed the High Court judgment, saying the “disputed property in question was needed for a public purpose” and there were cogent reasons given for the move.

The High Court had given the mosque authorities three months to vacate the premises.

The Waqf Masjid High Court and the U.P. Sunni Central Waqf Board had moved the apex court against the High Court decision.

On March 13, the apex court gave a further three months to vacate the premises.

It gave the petitioners liberty to file a detailed representation seeking allocation of an alternate space nearby, if available, for the construction of a mosque, provided that such alternate land is not earmarked for “any other public purpose, present or in the future”.

If the disputed construction is not removed within the next three months, authorities, including the High Court, may have it removed.

The decision of the top court Bench, also comprising Justice C.T. Ravikumar, was based on the fact that the mosque was located on government lease land and the grant was cancelled in 2002.

The apex court also took note of the fact that it had in 2012 affirmed the resumption of the land in favour of the High Court.

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