Allahabad HC seeks Uttar Pradesh govt’s reply over Saharanpur Mosque demolition, stays ₹6.41 crore damage recovery
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Security personnel during the demolition drive of a mosque at the Collectorate complex, in Saharanpur. File | Photo Credit: ANI
The Allahabad High Court on Friday stayed the recovery of ₹6.41 crore damages from the committee of a mosque demolished at the Saharanpur Collectorate complex, last week. The court has also sought responses from the Uttar Pradesh government and local administration over the demolition exercise.
Justice Rohit Ranjan Agarwal passed the stay order while hearing a petition filed by Mohammad Tanveer Ahmad who had challenged the eviction proceedings initiated against him under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
According to the petitioner, he had objected to eviction proceedings and had filed a written statement to the authorities concerned that the mosque exists on the land in dispute and he is in possession of it for more than hundred years.
He claimed that despite this, the Saharanpur City Magistrate ordered his eviction on July 16, 2026, and imposed damages of ₹6.41 crore.
A subsequent appeal before the District Judge, Saharanpur, was dismissed on September 2, 2026.
The petitioner further submitted in the court that authorities moved quickly to demolish the mosque, tearing it down within three days of the eviction order. He also argued that the land’s original owners, who he identified as Yaqub Khan and Wahid Khan, had dedicated it as waqf property for use by worshippers.
Additional Advocate General Manish Goyal, who appeared on behalf of State, countered the petitioner’s claim stating that official records list the disputed property as belonging to the Collectorate. Terming it as “inconsistencies” in the petitioner’s case, he noted that while the written statement named Yaqub Khan and Wahid Khan as the original landlords, it did not specify when the land was supposedly dedicated as waqf, nor was any waqf deed produced as evidence.
State further submitted that the named landlords themselves had never approached the courts to stake a claim to the property.
State also said that a post office operates over the land in dispute and eviction proceeding was initiated because the mosque was constructed after taking rooms on rent.
Stating that the matter “requires consideration,” the HC issued notice to the state and directed it to file its counter affidavit within three weeks.
“Till the next date of listing, the realisation of damages imposed by the City Magistrate, Saharanpur vide order dated 16.7.2026 shall remain stayed,” court said.
The matter will next be taken up on October 12, 2026.
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