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Waqf Board claims ownership of Sanjauli Mosque, lawyer says don’t know who built the 4 floors

by Sandhya Hirani
September 7, 2024
Waqf Board claims ownership of Sanjauli Mosque, lawyer says don't know who built the 4 floors

A hearing was held in the Municipal Corporation Commissioner Court on Saturday in the dispute case of the mosque built in Sanjauli area of ​​Himachal Pradesh’s capital Shimla, in which the Waqf Board claimed that it has the ownership of the mosque land and the dispute is only about the construction in it. On the other hand, the lawyer of the other side said that according to the records of the Revenue Department, this mosque is built on government land and the Waqf Board has been unable to present proof of ownership. During the hearing, the residents of Sanjauli also applied to become a party in this case. The next hearing of the case will be on October 5.

Advocate Jagat Pal of Sanjauli local resident (Hindu organization) said that the land on which the mosque is built is government land. The Waqf Board is an encroacher in it. An application has also been given in the court by the local resident, in which it has been told what problems are being faced due to the mosque. The court has also sought a reply from the Waqf Board on this.

How did a two and a half storey mosque become five storeys? An answer has been sought from the Waqf Board and the Masjid Committee on this too. The advocate of Sanjauli Hindu Organisation has spoken of a mastermind in the construction who is said to be from another state. Waqf Board’s lawyer Bhoop Singh Thakur said that he has information about the construction of one floor, but he does not know who built the four more floors after that. The Waqf Board has appealed to the court that the mosque should not be demolished, its map should be passed.

Outsiders constructed illegal portion

On the other hand, State Officer of Waqf Board Qutubuddin says that the land belongs to Waqf Board. The one storey mosque is also recorded in the records, but he has information about who built it. Some Muslims from other states came to Shimla and bypassing the local mosque committee, they illegally built four more floors of the mosque. Waqf Board has appealed to the court not to demolish the mosque.

The lawyer does not know where the money came from

During the hearing, questions were also raised about the funding for the construction. The board’s lawyer said that some funding for this was done by the middlemen. When asked whether the funding came in cash or cheque, the lawyer present could not answer it. He said that he would answer about it in the next hearing.

Local people demanded to be made a party

During the hearing on the illegal construction case in Sanjauli Mosque, a society of local people also submitted a 20-page written application to the court. This society says that they should also be made a party in this case. Advocate Jagat Pal, appearing on behalf of the society, said that he also has full information about this case. He said that the place where the mosque has been built belongs to the government and in its Jamabandi, Khasra number 36 is duly registered as Gair Mumkin Masjid. The mosque is on government land. Through the application, a demand has been made to remove the illegal and unauthorized construction.

Former head of the mosque committee Mohammad Latif, who attended the hearing, said that he was the head of this committee till the year 2012. He said that during his tenure, this mosque was two and a half storeys. After this, outsiders started coming. These outsiders have done illegal construction here. He said that he too had received a notice in this matter, for which he appeared in the court. He has been asked how much construction was there on the spot earlier.

The first complaint was made in the year 2010

According to the Municipal Corporation, the Waqf Board has now been made a party in this case. The Board has already given its reply on this matter once. The first complaint regarding the mosque case reached the Municipal Corporation in the year 2010. At that time, there were allegations of illegal construction here. According to the Municipal Administration, earlier there was a mosque with one floor and an attic, but by the year 2024, a total of five floors including the attic have been built here. The Municipal Administration says that illegal construction has been done here even during the hearing. Orders to stop work have also been issued more than five times. So far, a total of 45 hearings have been held in this case.

People are demanding demolition by calling it illegal

The locals of the area are demanding the demolition of this mosque in Sanjauli area calling it unauthorized. This matter, which has been pending for the last 14 years, flared up when some Muslim youths allegedly attacked a businessman during a fight in the nearby Malyana area. The person had filed a case regarding this assault. After the assault, it was alleged that the accused hid in the mosque after committing the crime. After which Hindu organizations protested against the Sanjauli mosque and called for the demolition of the mosque calling it illegal. The matter escalated further in no time. The matter reached the Vidhan Sabha. After this, many demonstrations also took place.

‘This is not a communal issue, but a case of illegal construction’

Advocate Jagat Pal, appearing for the local residents, said he was compelled to join the case as the matter was pending in the Municipal Commissioner’s court for the last 14 years and the Wakf Board was made a party only in 2023. He said it was not a communal issue but a case of illegal construction and the mosque should be demolished. The lawyer said the Wakf Board was unable to produce any proof of ownership and added that as per the records of the Revenue Department, the state is the owner of the land.

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