SC upholds demolition of Koyambedu mosque in Chennai, says unauthorised religious structures on public land must be removed
Chennai's famous mosque in Koyambedu, SC says that unauthorised religious structures on public land can never be a venue for preaching religion. «Move the mosque somewhere else, illegal encroachment in the name of religion will not be permitted, SC added.
The apex court, presided over by justices Surya Kant and KV Viswanathan, underscored the obligation of states and high courts to ensure the eradication of such encroachments, regardless of whether they are temples, churches, mosques, or gurdwaras.
The directive came in response to an appeal concerning a mosque unlawfully erected on public land in Chennai, Tamil Nadu. The Madras High Court had previously ordered the removal of the mosque, a decision contested by the Hidaya Muslim Welfare Trust, represented by senior advocate S Nagamuthu.
Nagamuthu argued that the mosque posed no obstruction to the public and asserted that the trust had legally acquired the land. However, the court pointed out that the land was under the jurisdiction of the Chennai Metropolitan Development Authority (CMDA) and that the construction had been undertaken without proper authorization.
Despite receiving a stop work notice from local authorities in 2020, the trust proceeded with the construction, prompting the Supreme Court to question the legitimacy of their actions.
«We are very clear...whether it’s a temple or a mosque, there cannot be unauthorised constructions,» remarked the bench.
Ultimately, the court upheld the decision of the Madras High Court, affirming that the petitioner
