Dynamite News SC issues notice to UP authorities over Kushinagar mosque demolition
The plea said demolition action at a mosque in Kushinagar, was in alleged violation of November 13, 2024, order restraining demolition actions across the country without prior notice and opportunity of hearing. Read further on Dynamite News:
New Delhi: The Supreme Court on Monday issued notice to the concerned authorities of the Uttar Pradesh government on a contempt petition for demolishing part of the Madni mosque in the state's Kushinagar district.
The plea said demolition action at a mosque in Kushinagar, was in alleged violation of November 13, 2024, order restraining demolition actions across the country without prior notice and opportunity of hearing.
A bench of Justices B R Gavai and A G Masih issued a notice to concerned authorities and asked them to respond as to why contempt of court proceedings should not be initiated against them.
The bench while hearing a contempt petition ordered that until further orders, there shall be no demolition of the structure.
"It is submitted (by the petitioner) that the structure in question was constructed on private land owned by the petitioners. The construction thereon was also with the due sanction of municipal authorities as per the sanction order of 1999. It was submitted that based on a complaint, the matter was enquired by the SDM. The SDM carried out an inspection and also issued a press note on December 22, 2024. As per the inspection, the construction was found to be in accordance with the sanction plan," the bench stated in its order.
"It also notes that the construction which was found to be non-sanctioned was removed by the petitioners themselves. It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court," it added while issuing notice to officials and seeking their response in two weeks.
A portion of Madni Mosque in Uttar Pradesh's Kushinagar district, which was allegedly built on 'encroached' land, was demolished by bulldozers earlier this month.
The caretaker of the mosque has claimed that the Muslim community had purchased land around ago for the purpose of constructing the mosque and that there was no encroachment.
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The mosque committee challenged the demolition in the High Court and secured a stay order until February 8, however, with the order expiring on February 9, authorities initiated the demolition drive.
On November 13 last year, the top court delivered a judgement and laid down pan-India guidelines saying no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.
It passed a slew of directions in its November 2024 verdict and made clear that they would not be applicable if there was an unauthorised structure in a public place such as a road, street, footpath, abutting railway line or any river or water body and also in cases where there was an order for demolition made by a court of law.