Bombay High Court Directs District Committee To Decide On Alleged Unauthorised Construction Of Mosque In Two Weeks

The Aurangabad Bench of Bombay High Court has directed a District Committee to decide the fate of an alleged unauthorised mosque in Jalna within two weeks.

A division bench of Chief Justice Dipankar Datta & Justice Ravindra V. Ghuge passed this order in a 2018 public interest litigation filed by an organisation called Arya Samaj Jalna, through its authorised representative.

Advocate Aashish T Jadhavar, for the petitioner submitted that a mosque was being constructed without permission by the authorities at the instance of the District Wakf Officer, Wakf Board Office, Jalna.

Further, the construction stands on the road. This construction contravened a 2009 Supreme Court order in Union of India vs. State of Gujarat according to the petitioner. "…..the administration, both civil and municipal, have been lax in taking action to remove the same (unauthorised mosque)", the petitioner submitted. They sought a writ of mandamus directing the administration to remove the unauthorized construction.

In an affidavit the Municipal Council, Jalna said that they had not granted any permission for the mosque.

Mr. S.B. Yawalkar, Additional Government Pleader appearing for the state, submitted that the District Committee constituted by the state government has to take a decision regarding the demolition or other appropriate steps in this issue.

In 2009, the Supreme Court in Union of India v. State of Gujarat had ordered "no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc."

In pursuance of this order, the State Government in 2011 issued a resolution constituting a District Committee chaired by the District Collector. This committee is responsible for reviewing any unauthorized construction of religious nature which has already taken place. This committee has the Superintendent of Police, the Chief Executive Officer of the Zilla Parishad, the Commissioner of the Municipal Corporation, the Chief Officer of the Municipal Council and the Resident Deputy Collector as the Member Secretary among others as its members.

The Bench stated that the decision of the District Committee must be placed before the court on 26^th July, 2022. The Court also stated that if the District Wakf Officer doesn't appear for the next hearing, they will proceed against all the non-appearing respondents ex parte.

Case no: PIL/113/2018

Case Title: Arya Samaj Jalna through its Prathan v. State of Maharashtra and Ors.

Coram: Chief Justice Dipankar Datta & Justice Ravindra V. Ghuge

Click Here To Read/Download Order