‘No Legal Land for an Illegal Mosque’: SLP to Be Filed in SC in Connection with the Dhar Bhojshala Row.

National Development Volunteers to Move Supreme Court Against Proposed Land Allotment for Dhar Mosque; Dwarka Shankaracharya Extends Support.

Upendra Bharti | HENB | New Delhi | July 11, 2026:: The National Development Volunteers (NDV) has announced that it is preparing to approach the Supreme Court by filing Special Leave Petitions (SLPs) challenging the portion of the Madhya Pradesh High Court’s May 15, 2026 judgment that suggested the State Government may consider allotting alternative government land for construction of a mosque or namaz site in Dhar.

According to NDV, the proposed legal challenge is based on the argument that an alleged illegal encroachment or disputed occupation cannot be regularised by subsequently granting government land to the same claimants. The organisation contends that such a course would violate constitutional principles, the rule of law and established norms governing the disposal of public land.

Two Separate SLPs Planned

In a public appeal seeking financial assistance for the litigation, NDV stated that two separate SLPs are being prepared before the Supreme Court.

The first petition proposed to be filed by Bhupendra alias Pinki Chaudhary in his personal capacity. According to NDV, this petition seeks judicial examination of whether a court or the State can direct allotment of alternative public land to a party whose substantive claim has been rejected, without any express statutory authority.

The second Petition is proposed to be filed by the Rashtriya Savarna Parishad (RSP). NDV said this petition would challenge Direction (vii) of the High Court judgment on constitutional grounds, including issues relating to the Rule of Law, management of public property and the legal framework governing allotment of government land.

NDV has appealed for public contributions to meet expenses relating to legal research, documentation, filing charges, advocate fees and other litigation costs associated with the proposed proceedings.

Challenge Arises From Bhojshala Verdict

The proposed SLPs stem from the Madhya Pradesh High Court’s detailed judgment dated 15 May 2026, delivered by a Division Bench while deciding a batch of petitions concerning the Bhojshala-Kamal Maula complex in Dhar.

The High Court examined multiple writ petitions involving competing claims regarding worship rights at the protected monument and issued a common judgment addressing the long-running dispute.

NDV’s proposed challenge is confined to Direction (vii) of that judgment, which, according to the organisation, contemplates consideration of allotting government land elsewhere for construction of a mosque or namaz facility.

Dwarka Shankaracharya Backs Legal Move

The proposed litigation has received support from Swami Sadanand Saraswati, the Shankaracharya of the Dwarka Sharada Peeth.

In a letter dated 9 July 2026, the Shankaracharya expressed support for challenging Direction (vii) before the Supreme Court. The communication states that questions relating to allotment of public land should be examined in accordance with constitutional principles and legal norms, and extends blessings for the proposed legal initiative.

NDV’s Legal Position

NDV maintains that once an occupation is alleged to be unlawful, the State cannot legitimise or compensate such occupation by granting fresh public land, unless specifically authorised by law. The organisation argues that permitting such allotments would create an undesirable legal precedent affecting future disputes involving public property.

The Supreme Court is expected to determine whether the proposed Special Leave Petitions raise substantial questions of constitutional and public law warranting its consideration. Until then, the High Court judgment continues to remain operative unless modified or stayed by the apex court.

Interaction with Upananda Brahmachari

A practising lawyer in the Supreme Court of India and NDV Official, apprised Sri Upananda Brahmachari, Editor of Hindu Existence, of the matter, requesting that the issue be highlighted in the larger interest of public awareness and national discourse. While speaking with the NDV Official, Brahmachari remarked, “An illegal encroachment cannot be settled by allowing the legal allotment of land to the encroachers.”

Speaking to Hindu Existence, Brahmachari said:

“The issue goes far beyond the Bhojshala dispute. It raises an important constitutional question: Can the State regularise an alleged illegal encroachment by allotting alternative government land? If such a principle is accepted, it could set a precedent with implications extending well beyond this particular case. Since the matter concerns public property, the rule of law and constitutional governance, it deserves wider public discussion. We appreciate the legal initiative taken by the National Development Volunteers to seek authoritative adjudication from the Supreme Court.”

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_Inputs from an NDV Official.