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Allahabad HC stays Rs 6.41cr recovery in Saharanpur mosque demolition

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The mosque was demolished on September 5 after a court upheld an earlier order declaring the structure illegal.
Allahabad HC stays Rs 6.41cr recovery in Saharanpur mosque demolition
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Photo: IANS

The Allahabad High Court on Friday stayed the recovery of Rs 6.41 crore in damages imposed on the committee that managed a mosque demolished at the Saharanpur Collectorate last week, The Hindu reported.

Justice Rohit Ranjan Agarwal sought responses from the Uttar Pradesh government and the local administration on a petition filed by Mohammad Tanveer Ahmad, who challenged the eviction proceedings initiated against him under the Public Premises Eviction of Unauthorised Occupants Act, 1971, Scroll.in reported.

The mosque was demolished on September 5 after a court upheld an earlier order declaring the structure illegal.

Ahmad told the High Court that he had already submitted a written statement before a magistrate disputing the allegation of illegal construction. He also claimed that the mosque had stood on the disputed property for more than a century, Live Law reported.

Appearing for Ahmad, advocate Ashish Kumar Singh argued that the authorities had acted in haste by demolishing the mosque just three days after the eviction order was issued.

Singh further submitted that the original owners of the land, Yaqub Khan and Wahid Khan, had dedicated the property as waqf. Under Islamic law, waqf refers to property permanently dedicated for religious, educational or charitable purposes.

Additional Advocate General Manish Goyal, representing the Uttar Pradesh government, maintained that official records identified the disputed land as part of the Collectorate. He also argued that the petitioners had failed to establish when the property was allegedly declared waqf and had not produced any waqf deed in support of their claim, The Hindu reported.

The state government also submitted that the individuals identified as the original landlords had themselves never approached the court to assert ownership or claim rights over the property.

After hearing the arguments, the High Court observed that the matter required further consideration and directed the state government to submit its affidavit within three weeks.

The court also ordered that the recovery of the damages imposed by the City Magistrate, Saharanpur, through the July 16, 2026 order would remain stayed until the matter is taken up on the next date.


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