'No Further Demolition Required': Allahabad High Court Records UP Govt's Assurance On Fatehpur's Noori Jama Masjid
The Allahabad High Court on Monday disposed of a writ petition filed by the Fatehpur-Noori Jama Masjid Managing Committee after the Uttar Pradesh government gave a categorical undertaking that no further demolition of the religious structure is required. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta, however, granted the petitioner liberty to apply for demarcation...
The Allahabad High Court on Monday disposed of a writ petition filed by the Fatehpur-Noori Jama Masjid Managing Committee after the Uttar Pradesh government gave a categorical undertaking that no further demolition of the religious structure is required.
A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta, however, granted the petitioner liberty to apply for demarcation of the boundaries under Section 24 of the UP Revenue Code, 2006.
This brings a quietus to the Mosque committee's apprehensions that the entire 19th-century structure would be razed by the authorities.
It may be noted that during the hearing of the case, Additional Advocate General (AAG) Manish Goyal, assisted by Additional Chief Standing Counsel A.K. Goyal, clarified the State's position that the action was directed only at encroachments.
The AAG also submitted that "whatever excess construction or encroachment on the land of the State that was made to the original structure, has already been removed.
Taking note of the State's submission, the High Court formally recorded the government's stance in its final order. The bench observed:
"It is further categorically stated before this Court and we record that no further demolition of the mosque is required".
The Court noted that under these circumstances, where the State has admitted that no further demolition is needed, the rights of the petitioner can be protected adequately through statutory legal channels regarding the land boundaries.
Thus, the bench disposed of the petition while providing a specific recourse to the Mosque committee to settle any lingering disputes regarding the land's extent. The Court granted the petitioner liberty to apply for demarcation of the boundaries under UP Revenue Code.
The Court directed that if such an application is moved by the petitioner, the demarcation shall be carried out within the period stipulated in the statute from the date on which the application for demarcation is produced.
Case title - Managing Committee, Noori Jama Masjid vs. State Of U.P. And 3 Others
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