Prayagraj: The Allahabad high court on Friday asked the Uttar Pradesh govt to file a counter affidavit within three weeks on a writ petition against the demolition of a mosque on the collectorate premises in Saharanpur on Sept 5.The court also stayed the recovery of damages of Rs 6.4 crore on the mosque management committee of Saharanpur for unlawful occupation and use of the premises.Justice Rohit Ranjan Agarwal passed the order in a petition filed by Mohammed Tanveer Ahmad, who challenged the order passed by the Saharanpur city magistrate on July 16, and the order of the Saharanpur district judge, dated Sept 2, which upheld the city magistrate’s decision of eviction and imposition of damages of Rs 6.41 crore.According to the petitioner, Yaqub Khan and Wahid Khan were the original owners of the land on which the mosque existed, and the land was being used as waqf.The mosque exists on the land in dispute for more than a hundred years.The state govt counsel said the property was recorded in the name of kutchery/collectorate.He said that in the written statement filed by the petitioner, on the one hand he claimed that original owners were Yaqub Khan and Wahid Khan but there was no mention of the date when the property was dedicated as waqf. He added that waqf deed was also not brought on record.He argued that a post office was running on the land in dispute and eviction proceeding was initiated on the ground that after taking rooms on rent, the mosque was constructed and ‘namaz’ was being offered.Acting under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, the city magistrate had on July 16 ordered the eviction of the 315-square-metre mosque on the collectorate premises.The order also imposed a fine of Rs 6.41 crore on the mosque management for unlawful occupation and use of the premises.The mosque management filed an appeal against the magistrate’s order before the district court. However, the district judge dismissed the appeal on Sept 2, upholding the demolition order.The authorities subsequently demolished the mosque on Sept 5.
