Waqf claims ownership of disputed Sanjauli mosque in Shimla; court asks how single storey became 5 storeys

Days after Himachal's Rural Development Minister Anirudh Singh raised illegal construction issues in the state, the Waqf Board on Saturday told a Shimla court that it owns the disputed mosque in Sanjauli. The board, however, said that the dispute was only about the construction of additional floors. 

In Sanjauli, the locals have been protesting against the construction of what they call an illegal mosque, and have demanded the demolition of the structure. The matter, sub judice for the last 14 years, flared up into mass protests after a businessman was allegedly attacked by some Muslim youths during a fight in the nearby Malyana area. 

According to Himachal Pradesh Waqf Board State Officer Kutubuddin Ahmed, the Municipal Commissioner's court had issued a notice to the Board in 2023. In response, the Waqf Board submitted its reply during the last hearing, and again on Saturday.

Advocate Jagat Pal, representing local residents, said they were compelled to join the case as it had been lingering in the MC Commissioner's court for the past 14 years and the Waqf Board was made a party only in 2023. He emphasised that it was not a communal issue but of illegal construction and the mosque must be demolished. 

Hearing the submissions, the court asked the Waqf Board and the mosque committee to explain how the original single-storey mosque had expanded into a five-storey structure. The court has sought a status report on the construction.  

According to Pal, the Waqf Board was unable to produce any evidence of ownership and that as per the records of the Revenue Department, the state was the owner of the land. 

Kutubuddin Ahmed said the dispute was not about the ownership but about the further development of the shrine. According to records, he said, when Shimla was in Punjab, the Waqf Board became the owner of the land. He also said that offering of prayer will continue at the mosque. 

On Thursday, a few Hindu bodies staged a massive protest at Chaura Maidan in the vicinity of the Vidhan Sabha, demanding the demolition of the mosque in Sanjauli. Hindu Jagran Manch's Himachal unit president Kamal Gautam had earlier alleged that the mosque was being used to give shelter to "outsiders". 

Earlier this week, Minister Anirudh Singh also raised the illegal mosque issue and said tension was rising in some areas due to rapid construction by illegal migrants who he suggested could be Rohingya and people from Bangladesh. 

Singh also demanded an investigation into the construction of Sanjauli Masjid. "They started construction without approval. It was an illegal structure. First, one floor was built, then the rest followed," he said. "They have a habit of engaging in illegal activities. They built a 5-storey mosque. This entire matter should be investigated," he said while speaking in Assembly. 

Rejecting the charge that mosque was there since 1960, the minister said the construction began only in 2010. "I have all records and will place it before the House. The case was ongoing in 2010. The surprising thing is that by 2019, the illegal construction of four additional floors had already been completed."

The commissioner's court has fixed the next hearing for October 5.