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Anti-mosque PIL angers Bombay high court

Residents of Hindu locality in Nerul, Navi Mumbai, seek to halt construction of a mosque in their area.

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An upcoming mosque in a predominantly Hindu locality in Nerul, Navi Mumbai, has spurred its residents to challenge its construction in the Bombay high court. The court, however, peeved by the myopic religious sentiments, said, “This intolerance has to go. Either we should all live together, or pack our bags and leave.”

The public interest litigation (PIL), filed by Sumitra Kadu, a resident of the area, states that of a larger plot given to City and Industrial Development Corporation of Maharashtra Ltd. (Cidco) for housing project-affected persons, 1042.27 sq metres in sector 50E of Nerul was reserved for religious purposes. In 2004, Cidco handed over the plot to a Muslim trust for the construction of the mosque. This, while 12.5% of the area meant for project-affected persons has yet to be allocated, the PIL states.

Kadu’s advocate GN Salunke told the court on Wednesday that no Muslim family resides in the 1-km radius around the mosque site, and only 331 live in the further vicinity. “If the mosque is allowed to be constructed, there is every possibility of encroachment on public open spaces in the locality by Muslim encroachers, which may adversely affect the development of the city,” the PIL states. To which, justice FI Rebello asked, “So minorities cannot have their own place of worship?”

Salunke further argued that Cidco has granted the plot to the trustees of the mosque despite the police commissioner’s repeated statements that there is likely to be a law and order problem if the mosque is allowed to come up. The trustees, the PIL adds, are neither project-affected persons, nor residents of sector 50E.

Moreover, the mosque, Kadu contends, will scuttle the construction of a college the land was also reserved for. The plot is also a mangroves bed, and the trustees do not have permissions to hack them, the PIL states.

Justices Rebello and JH Bhatia have now directed Cidco to file an affidavit, and submit a map of the area  in two weeks. The court also told Salunke and the Cidco counsel to come up with a workable solution to the problem. “How long are we going to keep fighting?” justice Rebello said.

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