Case Law
Subject : Property Law - Land Laws
Description :
ALLAHABAD: The Allahabad High Court has disposed of a writ petition filed by the Managing Committee of Noori Jama Masjid, directing the state authorities to halt any further demolition of the mosque and ordering a formal demarcation of its boundaries under the U.P. Revenue Code, 2006.
The division bench, comprising Hon'ble Atul Sreedharan, J. and Hon'ble Anish Kumar Gupta, J. , delivered the final order after recording a categorical statement from the state that no further demolition was required.
The petitioner, the Managing Committee of Noori Jama Masjid, approached the High Court challenging the demolition actions carried out by the State of U.P. The committee argued that the mosque was a historical structure, constructed in 1839, and was being wrongly targeted for demolition on the grounds of being an illegal construction.
The petitioner's counsel contended that the demolition was an infringement upon their rights and that the mosque was a long-standing structure.
On behalf of the State of U.P., Sri Manish Goyal, learned Additional Advocate General , submitted that the action taken was not against the original structure but was limited to removing encroachments on state land.
> "Whatever excess construction or encroachment on the land of the State that was made to the original structure, has already been removed," the state's counsel informed the court.
Crucially, the Additional Advocate General made a definitive statement before the bench, which the court recorded in its order:
> "It is further categorically stated before this Court and we record that no further demolition of the mosque is required."
Accepting the state's submission, the High Court concluded that the petitioner's rights could be adequately protected through a formal demarcation process. The bench directed the petitioner to apply for demarcation under Section 24 of the U.P. Revenue Code, 2006.
The court ordered that upon receiving the application, the concerned authorities must carry out the demarcation of the mosque's boundaries "within the period stipulated in the statute."
With these directions, the High Court disposed of the writ petition, and any interim orders passed earlier were merged with this final judgment. This decision effectively ends the demolition threat to the mosque while providing a clear legal path for establishing its official boundaries and resolving the encroachment dispute.
#AllahabadHighCourt #LandLaw #UPRevenueCode
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