New Delhi, In a landmark ruling, the Supreme Court declared that unauthorized religious structures on public land cannot serve as places for preaching religion, reinforcing the obligation of authorities across India to swiftly eliminate such encroachments.
A bench comprising justices Surya Kant and KV Viswanathan, while hearing an appeal by a Muslim religious body against the Madras High Court’s November 2023 judgment, ordered the removal of an illegally constructed mosque on public land in Chennai. The bench reiterated the court’s past orders, emphasizing the duty of states and high courts to prevent unauthorized constructions under the guise of temples, churches, mosques, or gurdwaras on public streets or other public spaces.
“We have ordered demolition of all unauthorized religious structures…be it a temple or a mosque. There was a judgment by this court, and all high courts have been monitoring it. State governments have also been issued appropriate directions,” stated the bench.
Representing the Hidaya Muslim Welfare Trust, senior advocate S Nagamuthu argued that the mosque did not obstruct public access, and the trust had legally acquired the land. However, the court noted that the land belonged to the Chennai Metropolitan Development Authority (CMDA), and the trust constructed the religious structure without planning permission.
The bench firmly stated, “Whether it’s a temple or a mosque, there cannot be unauthorized constructions.” It highlighted that even after local authorities issued a stop-work notice in 2020, the trust proceeded with the constructions.
In its order, the court affirmed, “The petitioner is clearly not the owner of the said plot of land. It belongs to the Chennai Metropolitan Development Authority. The petitioner is an unauthorized occupant, and he never applied for any planning permission. The construction was made in an illegal manner.”
The Supreme Court, in a series of directions dating back to a 2006 case from Gujarat, has consistently emphasized preventing unauthorized constructions of religious structures on public land. The recent ruling reiterates the commitment to uphold the sanctity of public spaces and discourage illegal encroachments.
*Note: The quoted sections in the article are paraphrased for brevity.*
