Shimla Court Upholds Demolition of Illegal Sanjauli Mosque

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The long-standing Sanjauli mosque dispute in Himachal Pradesh reached its decisive conclusion on October 30, when the District Court in Shimla dismissed appeals by the Himachal Pradesh Waqf Board and the Sanjauli Mosque Committee, upholding the demolition order issued by the Shimla Municipal Corporation (MC) Commissioner’s Court.

Delivering the verdict, the Additional District and Sessions Judge reaffirmed the earlier May 3 ruling by the Commissioner’s Court that declared the structure illegal and directed its complete demolition. The order now mandates that all five floors of the mosque must be razed, marking a crucial legal victory for residents who had long alleged encroachment and unauthorised construction on public land.

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Court Confirms Violation of Municipal Laws

The court’s decision was the culmination of nearly 16 years of litigation and over 50 hearings. The Waqf Board and the mosque committee, led by Mohammed Latif, had contested the Commissioner’s findings, arguing that only certain portions of the building were in violation. However, the District Court found the entire structure to be unauthorised, effectively nullifying their appeal.

Advocate Jagat Pal, representing the Resident Welfare Society of Sanjauli, welcomed the verdict, stating,

“This judgment reaffirms the rule of law. The entire structure has been deemed illegal, and the Waqf Board must now proceed with complete demolition.”

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The Waqf Board, however, announced plans to challenge the ruling in the Himachal Pradesh High Court, maintaining that they have “valid grounds” to seek relief.

Tensions and Protests in Himachal Pradesh

The case has been at the centre of escalating communal tension in Shimla. In August, clashes between two groups near the mosque triggered a series of protests and counter-protests. Following the violence on August 31, police had to resort to lathi charge and water cannons to control the situation.

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Between September 1 and September 11, multiple demonstrations were held across Himachal Pradesh, led by Hindu organisations demanding the mosque’s removal. In total, 21 protests were reported in districts including Shimla, Kangra, Solan, Kullu, Mandi, and Bilaspur, with over 2,400 police personnel deployed to prevent further unrest.

Waqf Board Under Scrutiny

This case has once again brought national attention to the broader issue of Waqf land disputes across India. Critics argue that the Waqf Board has frequently claimed ownership of lands without proper documentation, leading to conflicts in multiple states. The Sanjauli case echoes similar disputes where courts have intervened to uphold property laws and prevent illegal encroachments under the guise of religious ownership.

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