In a significant development, the Shimla District Court on Monday issued a stay on the demolition of the Sanjauli Mosque, temporarily halting municipal action and ordering status quo on the site. The decision was passed while hearing a petition filed by the Himachal Pradesh Waqf Board challenging the Shimla Municipal Commissioner’s order, which had called for the complete demolition of the five-storey mosque, citing it as an unauthorized structure.
The next date of hearing in the matter has been fixed for May 29, 2025. Meanwhile, the court also refused to admit Devbhoomi Sangharsh Samiti as a party in the case, a group that had been actively demanding the mosque’s demolition.
Background: A 15-Year Controversy
The Sanjauli Mosque, situated in a densely populated area of Shimla, has been at the center of a bitter legal and communal battle since 2010. The structure, originally built in 1907, underwent several stages of renovation and vertical expansion beginning in the early 2000s. Local residents and certain organizations alleged that the expansion violated building norms and municipal bylaws.
In 2010, complaints were filed against the mosque’s managing committee for reconstructing portions of the ground floor without requisite permissions. The Shimla Municipal Corporation (SMC) conducted site inspections and issued multiple notices, including major ones in 2010 and 2019, highlighting unauthorized construction of additional floors.
The Himachal Pradesh Waqf Board granted a “No Objection Certificate” for reconstruction in 2012 but made it conditional upon obtaining municipal approvals, which were never furnished. Despite legal warnings, construction continued, and additional storeys were added without sanctioned building plans.
Municipal Orders and Legal Setbacks
The issue reached a turning point in July 2023, when the state Waqf Board itself was alerted about illegal activities at the site. The matter was referred to the municipal commissioner’s court, which conducted around 46 hearings before issuing a demolition order.
On October 5, 2024, the Shimla Municipal Court passed a partial demolition order for the top three floors of the mosque. This was followed by another order on May 3, 2025, which went further, declaring the entire five-storey structure illegal and ordering complete demolition, including the ground and first floors.
The Waqf Board’s failure to submit crucial documents—such as land ownership records, sanctioned construction plans, and mutation entries—significantly weakened its case. The municipal commissioner ruled that the construction was in clear violation of building codes and did not adhere to zoning regulations.
Communal Tensions and Public Unrest
What started as a municipal violation soon turned into a communal flashpoint. In August 2024, a violent clash between two groups in Shimla’s Malyana area left a youth seriously injured. The incident fueled tensions in nearby Sanjauli, where Hindu right-wing groups, including Devbhoomi Sangharsh Samiti, Bajrang Dal, and Vishva Hindu Parishad, began protesting outside the mosque.
On September 11, 2024, demonstrations took a violent turn, injuring 10 people, including several police officers. Protestors accused the Waqf Board of illegally occupying public land and demanded immediate demolition. The unrest added pressure on municipal authorities, leading to accelerated hearings and subsequent demolition orders.
Today’s Court Intervention
In light of these developments, today’s stay order from the district court provides temporary relief to the mosque committee and the Waqf Board. While acknowledging that the structure lacks legal sanction, the court emphasized the need for a fair hearing and a peaceful resolution in a matter that has now taken on broader social and communal dimensions.
What Lies Ahead
With the next hearing scheduled for May 29, all eyes are now on how the court balances the legal intricacies of building norms with the sensitivities surrounding religious structures. The court is expected to make its final decision based on available evidence, official records, and whether due process was followed in past construction and demolition proceedings.
The Sanjauli Mosque case has now become a litmus test not just for municipal enforcement but also for ensuring communal harmony and legal accountability in urban India.
Munish Sood
