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Synopsis

The Supreme Court has asked a Muslim body to remove an illegally constructed mosque at a public land in Tamil Nadu's Chennai Metropolitan area, saying such unauthorised religious structures can never be a venue for preaching religion.

A bench of Justices Surya Kant and K V Vishwanathan reminded the authorities of the previous Supreme Court orders asking the states and high courts to ensure no unauthorised constructions are allowed in the name of temple, church, mosque or gurdwara, on public streets or other public places.

The court dismissed an appeal filed by Hydha Muslim Welfare Masjid-E Hidaya and Madrasa against the Madras High Court's order of November 22, 2023 for removal of the mosque.

Senior advocate S Nagamuthu, appearing for the appellant contended the trust had bought the land and there was no hindrance to the public because of the mosque. He also claimed the land has remained vacant for long time.

The court, however, noted the Chennai Metropolitan Development Authority has acquired the land and construction has been raised without any permission.

Reportedly, the bench said, "The land belonged to the government. You did not have any right to it”.

The court, thus, noted, "The petitioner is admittedly not the owner of the subject property, which vests in Chennai Metropolitan Development Authority, free from all encumbrances; the petitioner is an unauthorized occupant; the petitioner never applied to sanction building plans; the construction was raised in a totally illegal manner; the illegal construction, remained unabated despite notices being served by the CMDA Authorities on December 9, 2020".

"We are satisfied that the directions issued by the High Court warrant no interference by this Court in exercise of powers under Article 136 of the Constitution," the bench said.

While dismissing the petition, the court, however, granted the petitioner time till May 31, 2024 to remove the structure.

The Supreme Court had on January 31, 2018 in a case 'Union of India Vs State of Gujarat' (2006) had asked all the High Courts to ensure implementation of its previous orders on removal of all illegal religious structures on public places.