Allahabad HC seeks UP response on plea against Saharanpur mosque demolition

The Allahabad High Court on Friday directed the Uttar Pradesh government to file its response within three weeks to a petition challenging the demolition of a mosque located on the Saharanpur collectorate premises.

Justice Rohit Ranjan Agarwal fixed October 12 for the next hearing and stayed the realisation of a fine of Rs 6 crore imposed on the mosque management until then.

The petition, filed by advocate Mohammad Tanveer Ahmad, challenges orders passed by the Saharanpur city magistrate on July 16 and the district judge on September 2.

The city magistrate had passed the order under the Uttar Pradesh Public Premises (Eviction and Unauthorised Occupants) Act, 1972, directing the demolition of the 315-square-metre mosque and imposing a fine of Rs 6.41 crore on its management.

The mosque management challenged the order before the district court, but the appeal was dismissed on September 2. The authorities subsequently demolished the mosque on September 5.

Senior advocate Ashish Kumar Singh, appearing for the petitioner, argued that the eviction order was passed without properly determining ownership of the property. He submitted that the names of Wahid Khan and Yaqub Khan were recorded in the relevant property documents.

Additional Advocate General Manish Goel opposed the petition, arguing that the petitioner's stand regarding ownership was contradictory. He said the petitioner had described the property as both belonging to a zamindar and being waqf property, while the Sunni Central Waqf Board had not been made a party to the case.

Goel also submitted that the property was recorded in the name of the collectorate katchery. He said the authorities had treated certain entries mentioning Wahid Khan and Yaqub Khan as fraudulent and noted that no ownership documents had been produced.

The petitioner's counsel, however, argued that the appellate court had wrongly held that the land was owned by the federal government during British rule and subsequently vested in the state.

It was also submitted that the mosque was registered in the waqf register, but the authorities had not properly considered the registration while deciding the matter.