How Allahabad HC fought in Supreme Court to save its land occupied by a Mosque

The Allahabad High Court had gone in appeal to the Supreme Court to get a Mosque that is located on their premises vacated.

The Supreme Court has dismissed a petition filed by the Waqf Masjid High Court and UP Sunni Central Waqf Board against the order of the High Court, which ordered demolition of a Mosque on its premises.

A Bench of Justices M R Shah and C T Ravikumar granted Mosque administration three months time to vacate the premises, failing which the the High Court or the administration would have the permission to remove or demolish it.

The Mosque is located within the premises of the Allahabad High Court.

The Bench said that if the construction is not removed in three months, the authorities would have the permission to remove or demolish it.

The Bench granted permission to the petitioners to make a representation to the Uttar Pradesh government for the allotment of an alternate land in the nearby area. The state may consider the representation in accordance with the law and on its own merits, taking in account if such lands are not required for any public purpose, either present or future, the Bench said.

The order by the Supreme Court was passed taking note of the fact that the Mosque was situated in a government lease land and the grant was cancelled way back in 2002. Following the cancellation of the lease, the land resumed back in the favour of the High Court in 2004 for its expansion. The Bench said that the Supreme Court had in 2012 affirmed the resumption of the land and hence, the petitioners cannot claim any legal right over the same. The Bench refused to interfere with the High Court order which was passed in a public interest litigation by advocate, Abhishek Shukla.

Appearing for the Mosque committee, senior advocate Kapil Sibal argued that the Mosque has been there since 1950s.

"The government changed in 2017, and everything changed. A PIL was filed ten days after the new government was formed. We have no problems with shifting to an alternative place as long as they give it to us," he submitted.

Senior advocate Indira Jaisingh appearing for the UP Sunni Waqf Board argued that the Mosque was privately built, but later dedicated to the public and registered with the Board, thus becoming Waqf property. Sibal however excused himself from the argument that it was a Waqf Mosque.

"Twice there were renewal applications, and there was no whisper at all that the mosque was constructed, and it was used for the public. They sought renewal saying it was needed for residential purposes. The mere fact that they are offering namaz will not make it a mosque. If namaz is allowed for convenience in the Supreme Court verandah or HC verandah, it will not become a Mosque," senior advocate Rakesh Dwivedi appearing or the High Court said.

He added that the Mosque administration got it registered with Waqf in 2002 with the aim of stalling the eviction. Unwanted religious colour is being given to the High Court judgement, he added.

The High Court also told the Supreme Court that there was no alternate plot of land to relocate the Mosque. The state may consider moving it elsewhere, the High Cut also said, while adding that the place was needed as there was shortage of parking on the premises.