Monday, March 15, 2010

PIL says cannot have mosque in Hindu area, HC says intolerance has to go

A resident of a Hindu-dominated locality in Navi Mumbai has challenged the construction of a mosque; the Bombay High Court has told her such intolerance has to go.

The petition, filed by Sumitra Kadu of Sector 50E, Nerul, alleges that CIDCO given a Muslim trust a 1042.27-sq-metre, reserved plot. Her advocate, G N Salunke, told the court Wednesday that not one Muslim family lives in a radius of 1 km from the site and only 331 Muslim families live beyond that radius.
“If the mosque is allowed there is every possibility of encroachment on the public open premises in the locality by Muslim encroachers which may badly affect the development of the city,” says the petition, heard by a division bench of Justice F I Rebello and Justice J H Bhatia.
“So minorities cannot have their own place of worship? This intolerance has to go. Either we should live together or pack our bags and go,” the bench said.
Kadu contends she is a project-affected person and 12.5 per cent of the area was reserved for their rehabilitation which has not been completed yet. Her lawyer said the police commissioner has repeatedly stated there is likely to be a law-and-order problem if construction of the mosque is allowed, yet CIDCO has handed over the plot to the trustees of the mosque. “Public in the locality is very much annoyed and aggressive and there is every possibility to riot and in law-and-order point of view the allotment is required to be cancelled,” the PIL states.
It says the trustees are neither project-affected persons nor residents of Sector 50E. The construction of the mosque, it says, will affect the construction of a college the land was reserved for. The plot is also a mangroves bed but permission has not been sought to hack it, the PIL adds.
The court 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.

No comments: