Supreme Court: In a special leave petition filed by Hydha Muslim Welfare trust (‘Trust’) against the Madras High Court Judgment and order dated 22-11-2023, wherein the Court directed the demolition of a mosque and Madrasa located in Koyambedu, Chennai after concluding that the structure was illegally constructed without any building sanction plan, the division bench of Surya Kant and KV Viswanathan, JJ. said that the directions issued by the High Court warrant no interference by this Court in exercise of powers under Article 136 of the Constitution of India. Further, it granted time to the Trust till 31-05-2024, to remove the structures.
The Court noted that the petitioner is admittedly not the owner of the subject property. The subject land, vests in Chennai Metropolitan Development Authority (‘CMDA’), free from all encumbrances. The petitioner is an unauthorized occupant and never applied to sanction building plans. The construction was raised in a totally illegal manner and the illegal construction remained unabated despite notices being served by the CMDA Authorities on 09-12-2020.
Thus, the Bench refused to interfere with the High Court order calling for the demolition of the mosque.
[Hydha Muslim Welfare Masjid-e Hidaya and Madarasa v. N. Dinakaran, 2024 SCC OnLine SC 204, Order dated 26-02-2024]
Advocates who appeared in this case :
For Petitioner(s): Senior Advocate S. Nagamuthu, Advocate-On-Record M.P. Parthiban, Advocate Priyaranjani Nagamuthu, Advocate Shalini Mishra, Advocate R. Sudhakaran, Advocate. T. Hari Hara Sudhan, Advocate Bilal Mansoor, Advocate Shreyas Kaushal, Advocate P.V.K. Deivendran,
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