The Himachal Pradesh High Court has issued a significant order directing the demolition of the second, third, and fourth floors of the Sanjauli Mosque building in Shimla, after finding these portions to be unauthorized. The Court also ordered that status quo be maintained regarding the ground and first floors until further proceedings, thereby ensuring that no additional construction or demolition takes place on those floors without judicial approval.
The matter concerns a five-storey structure that has been embroiled in legal disputes for several years. Local residents and petitioners have argued that the building was constructed without the mandatory municipal permissions and that the land title remains disputed. Municipal authorities, after multiple inspections and reviews, had earlier concluded that the building lacked sanctioned plans and essential clearances. A municipal court order had also directed that the additional floors be demolished due to deviations from approved norms.
When the case came before the High Court, it reviewed previous orders of the municipal authorities and the undertaking given earlier by the mosque’s management. In that undertaking, the managing committee had acknowledged that the upper floors were not backed by valid permissions. The Court relied heavily on this admission and the municipal record in determining that the upper three floors could not legally stand.
However, the Court recognized that issues relating to the ground and first floors required a deeper examination. Since questions regarding land ownership, original permissions, and the nature of construction on these two floors are still under judicial consideration, the Court chose to preserve them temporarily. By ordering status quo, the Court prevented both demolition and further construction until all relevant documents are examined.
Prior to this High Court order, lower courts had also scrutinized the matter. The district court had upheld municipal findings declaring the entire structure unauthorized. Nevertheless, the High Court’s approach distinguishes between the various floors, acknowledging admitted violations in the upper storeys while allowing further legal scrutiny for the remaining floors.
The Court has now sought detailed records from the municipal corporation, including the building’s approval documents, correspondence related to show-cause notices, and previous administrative orders. These materials are expected to shed light on how the building was constructed and whether any part of it had legal authorization at the time.
The High Court's directive reflects a balanced approach—immediate corrective action where illegality is established, and careful judicial evaluation where disputes remain unresolved. The case will come up again on a later date, when the municipal corporation is expected to place the required documents before the Court. Further orders regarding the remaining structure are likely to depend on these submissions and subsequent hearings.
This decision marks a crucial step in a long-running controversy and highlights the judiciary’s role in ensuring that construction laws and municipal norms are followed, irrespective of the nature of the property or the institution involved.
0 Comments
Thank you for your response. It will help us to improve in the future.