"No proof of existence of mosque:" Supreme Court dismisses Rajasthan Waqf Board's plea against mining permit

The Supreme Court recently held that in the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers or Namaaz [Waqf Board Rajasthan vs Jindal Saw Limited]. .A Bench of Justices Hemant Gupta and V Ramasubramanian dismissed an appeal filed by the Rajasthan State Waqf Board challenging a September 2021 decision of the Rajasthan High Court by which it allowed Jindal Saw Limited to remove a structure from the plot allotted to it for mining, which the Board claimed was a religious place with a mosque.The Bench observed that there was no evidence to show that there was a mosque at the site. "There is no evidence at any given point of time that the structure was being used as a mosque. There is no allegation or proof of either of dedication or user or grant which can be termed as a waqf within the meaning of the Waqf Act of 1995.... In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz", the Supreme Court said in its judgement. .In 1963, the Survey Commissioner, Waqf of the State of Rajasthan, had conducted a survey and notified a structure that was found, the ‘Qalandari Masjid of Tiranga’, as waqf. In. 2012, the Anjuman Committee addressed a letter to the Chairman of the appellant-Board to the effect that on Tiranga Hill in Village Pur, there is a wall and Chabutrah (platform) on so-called Qalandari Masjid but in recent times no one has been seen using the area for offering namaz. The Board subsequently informed the local authorities and also the Superintendent of Police, that the Anjuman Committee has acted for personal gains. An FIR was registered and money was recovered from the Committee. Thereafter, Jindal Saw Limited approached the High Court, which constituted an Expert Committee to determine whether the structure located plot allotted for mining was a mosque or not.The High Court later permitted Jindal Saw Ltd. to proceed with mining as per the lease granted to it in December 2010, prompting the instant appeal..The Supreme Court noted that there weren't any revenue records to show that the structure is a mosque. Further, it noted that the structure is in dilapidated shape with no roof and covered with vegetation, and that there wasn't any material to suggest that the place was being used to offer Namaz. Therefore, it dismissed the appeal..Senior Advocate Dr. Manish Singhvi appeared for the State of Rajasthan. Senior Advocates Ranjit Kumar and CS Vaidyanathan appeared for Jindal Saw Limited.[Read Judgement]