SHIMLA: The Additional Sessions Court of Shimla has upheld the Municipal Commissioner's decision to demolish three illegally constructed floors of the Sanjauli mosque.
In a significant judgment delivered on Saturday, Judge Praveen Garg dismissed an appeal filed by Nazakat Ali Hashmi, a resident of Paonta Sahib, challenging the demolition order issued earlier by the Municipal Commissioner.
The appeal, filed on October 29, claimed that the affidavit submitted by Mohammad Latif to justify the construction lacked the committee's consent, rendering it invalid.
However, after six rounds of hearings, the court sided with the municipal authority, maintaining that the structures in question were unauthorized.
This contentious case has garnered nationwide attention, sparking protests in Shimla.
Demonstrations against the Masjid in Sanjauli led to the melee in which police resorted to lathi charges to manage the situation.
The legal tussle began when the district court declined to stay the MC’s decision during a November 6 hearing, instead summoning the Municipal Commissioner for further clarification.
Subsequently, local residents attempted to become a party in the case by filing an application, but the court rejected their plea on November 14, citing the principle of locus standi.
As the hearings progressed, the Waqf Board and the Sanjauli Masjid Committee came under scrutiny.
On November 18, the court directed the Waqf Board to provide clarity on the committee's authorization and the role of its pradhan. This affidavit was submitted on November 22, during which arguments were exchanged between the involved parties.
Despite the appellant's claims and efforts to halt the demolition, the court affirmed the Municipal Commissioner's authority to act against unauthorized constructions.
This decision has reaffirmed the accountability of local bodies in ensuring compliance with construction regulations.