An order from the Madras High Court directing the demolition of a mosque and madrasa located in Koyambedu, Chennai, was recently upheld by the Supreme Court. The construction was deemed "totally illegally constructed" and lacking the necessary building sanction plan by the High Court.

An appeal against the Madras High Court's November 22, 2023 order was reviewed by a bench comprising Justices Surya Kant and KV Viswanathan. Expressing dismay over the officials' negligence in addressing unauthorized constructions, the High Court remarked on the apathy exhibited by the authorities.

The High Court's decision to order the demolition of the mosque and mandate its relocation to a new area was challenged before the Supreme Court by the Hydha Muslim Welfare Trust, which was found not to be the owner of the disputed property.

Several critical points were observed by the apex court in its ruling:

• The petitioner, the Hydha Muslim Welfare Trust, was not the owner of the subject property.

• The land in question belongs to the Chennai Metropolitan Development Authority (CMDA), free from any encumbrances.

• The petitioner was an unauthorized occupant.

• No building plans were sanctioned, and the construction was carried out illegally.

• Despite notices served by CMDA authorities on December 9, 2020, the illegal construction continued unabated.

Based on these grounds, the Supreme Court found no reason to interfere with the High Court's decision to demolish the mosque. However, it granted authorities time until May 31 to execute the demolition.

Case: HYDHA MUSLIM WELFARE  MASJID-E HIDAYA AND MADARASA vs. N. DINAKARAN & ORS,

Petition(s) for Special Leave to Appeal (C) No(s). 4375/2024.

Click to read/download order.