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Shimla court upholds MC order declaring Sanjauli mosque unauthorised
A Shimla court upheld the demolition of the Sanjauli mosque, ruling it unauthorized after a 16-year legal battle, dismissing appeals from Muslim groups.
A local court in Shimla has upheld the municipal commissioner’s order declaring the Sanjauli mosque unauthorised and directed the demolition of the entire five-storey structure, putting an end to a 16-year-old legal battle.
The court of additional district and sessions judge Yajuvender Singh on Thursday dismissed two appeals filed by the Muslim Welfare Society and the Waqf Board, which had challenged the May 3, 2025, order of the Shimla municipal corporation (MC) declaring the mosque’s five floors illegal. A detailed judgment is awaited.
Advocate Jagat Pal Thakur, the counsel for local residents, said, “All five floors of the disputed structure in Sanjauli will be demolished. The entire construction is unauthorised. This is the fourth decision for this disputed structure.”
He added that the appellants failed to produce ownership documents or an approved construction plan for the mosque. “Over the last 14 years, this matter saw no progress, but in the last 13 months, four consecutive court orders have upheld the same finding that the structure is illegal,” Jagat Pal added.
“All four orders are consistent. The court has once again made it clear that no one is above the law, and everyone is equal before it. We urge the MC to begin demolition without delay,” he said.
He added that the Devbhoomi Sangharsh Samiti will soon meet the commissioner to submit a written reminder demanding time-bound demolition and will also approach the high court to prevent any future stay if the Waqf Board or the mosque committee attempts to appeal again.
Hailing the court’s verdict, Vijay Sharma, a member of the Devbhoomi Sangharsh Samiti, said, “It was a victory of the Sanatan society’s struggle. This verdict is the result of the struggle of the Hindu and Sanatan community.”
Sharma alleged that illegal activities were being carried out under the guise of the mosque and credited the protests led by the Sanatan society for bringing the issue to light. “Many of our activists faced police action, water cannons, and FIRs during the protests. But truth has prevailed,” he said.
“The Sangharsh Samiti will not stop its movement until the structure is removed. We also expect that false appeals will not be filed again and the concerned parties should themselves take steps to remove the illegal construction,” Sharma added.
16 years, over 50 hearings
The Sanjauli mosque case had been pending before the municipal commissioner’s court for nearly 16 years, with over 50 hearings held during this period. The case gained momentum earlier this year after the Himachal Pradesh high court (HC) intervened and directed the MC to take a final decision within eight weeks, resulting in the May 3 order that has now been reaffirmed by the district court.
The case dates back to 2010 when local residents and Hindu organisations had moved an application, alleging that the mosque had been built without MC’s permission, and that too, on land not belonging to the Waqf Board.
After a communal clash at Mehli last August, during which it was alleged that some members of a community had taken shelter in the mosque, the issue gained traction again as residents held protests over unauthorised mosques in Shimla and other districts of Himachal Pradesh.
On October 5, 2024, the MC commissioner ordered the demolition of three illegal floors following violent protests in Shimla on September 11. Police had to resort to lathicharge and use water cannons to prevent agitators from breaking barricades and reaching the vicinity of the mosque. Ten people, including six police personnel, were injured. The mosque committee had then given an undertaking to the MC commissioner, in which they offered to demolish the unauthorised portion.
