(Left) Justice Surya Kant (Right) Justice KV Vishwanathan
The Supreme Court has affirmed the demolition of a mosque in Koyambedu, asserting that the construction was carried out in a completely illegal manner. The apex court’s decision aligns with the directives issued by the Madras High Court, signaling a resolute stance against unauthorized constructions
The verdict, delivered by a bench comprising Justice Surya Kant and Justice K.V. Viswanathan, affirmed the directions issued by the Madras High Court on November 22, 2023, which declared the mosque’s construction unauthorized and ordered its demolition and relocation to a new area.
The apex court’s decision came in response to an appeal filed by the Hydha Muslim Welfare Masjid-E-Hidaya and Madrasa against the High Court’s order. The petitioners argued that they had purchased the land and that the mosque did not obstruct public interests. However, the Supreme Court found no merit in their claims, emphasising that the petitioner was not the owner of the subject property and had failed to obtain building sanction plans.
Justice J Nisha Banu of the Madras High Court, in her order, expressed dismay at the negligence of officials in allowing unauthorised constructions to proliferate. She reiterated the court’s stance on ensuring compliance with planning regulations and underscored the need to address illegal construction promptly.
The Supreme Court’s ruling underscores the imperative of adhering to legal procedures and upholding the rule of law. The bench noted that despite repeated notices from the Chennai Metropolitan Development Authority (CMDA), the illegal construction persisted, necessitating decisive action.
In dismissing the appeal, the Supreme Court emphasised the importance of implementing its previous orders on the removal of illegal religious structures on public land. The bench cited a landmark case from January 31, 2018, wherein the apex court directed all high courts to enforce its directives on removing such structures.
The ruling comes amid ongoing efforts to address unauthorised constructions across Tamil Nadu, with several mosques and churches facing demolition orders for encroaching on public spaces and obstructing water bodies. However, critics have accused the ruling Dravidian model DMK government of selectively targeting Hindu temples for demolition while neglecting similar structures belonging to other religious denominations.
Allegations of mosques built on temple premises or converted into temples have raised concerns about communal tensions and prompted calls for greater accountability from the state government. Critics argue that only a change in regime will facilitate a thorough investigation into such matters and ensure equitable treatment of all religious institutions under the law.
As Tamil Nadu grapples with the complexities of religious demographics and land-use regulations, the Supreme Court’s decision serves as a reminder of the judiciary’s role in upholding the principles of justice, transparency, and secularism. The timely implementation of the demolition order will be crucial in maintaining public trust in the rule of law and promoting communal harmony in the state.
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