Supreme Court confirms order to remove mosque from Allahabad High Court premises

The Supreme Court on Monday refused to interfere with a November 2017 order of the Allahabad High Court that had directed the removal of a mosque from its premises [Waqf Masjid High Court vs High Court of Judicature Allahabad and ors]..A bench of Justices MR Shah and CT Ravikumar gave parties three months time to implement the High Court order while allowing the petitioner, Waqf Masjid High Court to make a representation to the State government for alternative land."We see no reason to interfere with the impugned judgment and order(s) passed by the High Court. Hence, both the Special Leave Petitions stand dismissed. However, it will be open for the petitioners to make a representation to the State Government for allotment of alternative space in the nearby area pointing out the availability and/or suitability of the land, which may be considered by the State Government in accordance with law and on its own merits and if such lands pointed out are not required for any other public purpose either present or in future," the Court said.The Court added that if the construction was not removed within three months, it would be open for the concerned authorities including the High Court to 'get the demised construction removed/demolished'..The matter has its genesis in a petition filed in the Allahabad High Court by Abhishek Shukla, who had contended that the mosque, a waqf property stood on land, which originally belonged to the High Court.On November 8, 2017, a division bench of the Allahabad High Court of Chief Justice DB Bhosale and Justice MK Gupta had arrived at a conclusion that the unauthorized structures existing over the site in dispute in the High Court premises, cannot be permitted to continue.The High Court had noted the “acute crunch of space” in the premises, and observed that the Waqf property was causing hindrance to the movement of the fire brigade.It was observed that due to the increase in the number of the judges and the shortage of space, the High Court could not arrange separate chambers for twelve judges, who are sharing six chambers.The Uttar Pradesh Sunni Central Waqf Board had, accordingly, been directed to remove the mosque and hand over the possession of the land to the High Court within three months.When the matter reached the Supreme Court, the High Court had said that it cannot permit the mosque to remain in its premises.The Supreme Court had in April 2018 issued notice to the State government, to ascertain if the State would be willing to provide alternate land for the mosque. .Senior Advocate Kapil Sibal, appearing for the appellant-mosque committee, argued today that the PIL before the High Court was filed soon after the Yogi Adityanath government assumed power in the State (in 2017).He emphasised that the High Court's reasoning of fire-brigade needing an 11-metre setback area to maneuver, has to be applied to all properties on the premises and not just the mosque. Sibal submitted that he was not disputing the ownership of the land in question, and sought alternative land as a relief.Senior Advocate Indira Jaising, appearing for the UP Sunni Waqf Board, said while the land belonged to the government, the board was in possession of the mosque meant for public use."We are willing to be given an alternate site, we are not insisting that namaz has to be offered there," Jaising added.The counsel for the respondents argued that the High Court had taken into consideration all these aspects.It was also submitted that the argument of change in government having a role to play in the PIL, was not mentioned in the petition. Additional Solicitor General Aishwarya Bhati said there is another mosque adjacent to the High Court, and the appellants had rightly said that they do not have any claim or rights to the disputed property..Advocate MR Shamshad also appeared for the petitioners.[Follow our live-coverage of today's hearing].[Read order]