The Supreme Court has recently affirmed a Madras High Court directive ordering the demolition of Chennai's famous mosque in Koyambedu, deeming the structure "completely illegally constructed" in the case of Masjid-e-Hidayah and Madarassa v. N Dinakaran.
SC says that unauthorised religious structures on public land can never be a venue for preaching religion.
Justices Surya Kant and KV Viswanathan presided over the appeal challenging the Madras High Court's November 22, 2023 order, which determined that the mosque lacked proper building sanction plans.
Justice J Nisha Banu of the Madras High Court, in her decision, expressed dissatisfaction with the officials' indifference to the issue, emphasizing the need to prevent unauthorized constructions. Despite previous court orders, unauthorized constructions continued to be overlooked by the official respondents, leading to the High Court's directive for the mosque's demolition and relocation.
The Supreme Court acknowledged that the petitioner, Hydha Muslim Welfare Trust, was not the property owner. Highlighting the unauthorized occupancy and the absence of building plan approvals, the Court affirmed the illegal nature of the construction. The court also noted that despite notices from CMDA Authorities on December 9, 2020, the illegal construction persisted.
Based on these findings, the Court found no grounds to intervene in the High Court's demolition order. However, it granted authorities time until May 31 to execute the removal of the structures.