"Sufficiently Old": Supreme Court Orders Not To Demolish Pre-Independence Era Mosque In Uttarakhand

The Supreme Court has ordered that the structure existing in the form of a Mosque located at Roorkee, Uttarakhand, shall not be demolished on account of being “sufficiently old”. However, the Court also ordered that the Mosque shall not be used by anyone for any religious purpose.

The Mosque, allegedly named as Gafuria Masjid, was asked to remove the religious structure as it was causing obstruction on the public road / public place, and causing difficulty to the public at large.

The Bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma observed, “However, upon perusing the records, including the map produced by the learned senior counsel appearing for the appellants, and the reply filed by the respondent(s) which is rather vague and inconclusive insofar as the age of the mosque is concerned, we pass an order to the effect that the structure existing in the form of a mosque, being sufficiently old, shall not be demolished.”

Case Brief

The Petitioners challenged various orders passed by the Uttarakhand High Court, wherein the Petitioners’ Writ Petition seeking to quash the letter issued by the Assistant Engineer to remove the religious structure allegedly constructed on public land was declined.

The Petitioners contended that the Mosque had existed much prior to independence in 1947 on the land given by the then Zamindars. It was also contended that the Uttarakhand Policy for Removal, Relocation and Regularisation of Unauthorized Religious Structures on Public Streets, Public Parks and other Public Places, 2016 was not applicable to them as the Mosque was not obstructing any road or public place.

A plan of Saharanpur District, prepared in the year 1973, by the Government of India was also brought on record, however, the High Court was of the opinion that the said plan did not establish the title to the property of any person.

The High Court observed, “There is no record of rights produced by the petitioner, which would show that the property in question was ever owned by any person, who could possibly have made a permanent dedication of the same for any purpose recognized by Muslim law as pious, religious or charitable.”

Accordingly, the High Court dismissed the Writ Petition.

Court’s Observation

The Supreme Court, while considering the appeal, was also of the opinion that the records (including the map) were vague and inconclusive.

However, keeping in view the age of the Mosque, the Supreme Court ordered that the said Mosque shall not be demolished.

The Court said, “However, the said structure shall not be used by anyone for any religious purpose.”

The Bench also clarified that in the event of any attempt being made by anyone to enter into the mosque, the State of Uttarakhand can take appropriate action.

Accordingly, the Appeal was disposed of.

Cause Title: Razia Beg & Ors. V. The State of Uttarakhand

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