The Supreme Court has upheld the order passed by the Allahabad High Court in 2017 that directs for the removal of a mosque named “Masjid High Court” from its premises.
The special leave petition filed by the Waqf Masjid High Court and the UP Sunni Central Waqf Board was dismissed by a Bench comprising Justice MR Shah and Justice CT Ravikumar, which granted three months time to the petitioners to remove the Mosque.
The Bench added that in case the construction was not removed within a period of three months from today, it would be open for the authorities, including the High Court, to have them removed or demolished.
The Bench, however, gave permission to the petitioners for making a representation to the Uttar Pradesh government for allotment of alternate land in the nearby area.
The State can consider the representation in accordance with law and on its own merits, taking into consideration if such lands are not required for any other public purpose, either present and future, it noted.
The Apex Court passed the order taking note of the fact that the Mosque was situated on a government lease land and the grant was cancelled way back in 2002.
After the cancellation of lease, the land was resumed in favour of the High Court in 2004 for its expansion.
The Bench further noted that the Supreme Court in the year 2012 had affirmed the resumption of land and hence, the petitioners cannot claim any legal right over the premises.