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‘Extended’ portion of old mosque razed in Fatehpur

The management committee of the Noori Jama Masjid, built in 1839, disputed the administration’s allegations.

Updated on: Dec 11, 2024, 05:55:01 IST
By , Kanpur
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Authorities in Uttar Pradesh’s Fatehpur district on Tuesday demolished a significant chunk of a 185-year-old mosque that officials alleged was illegally constructed and obstructing a road-widening project.

Fatehpur administration said the demolition was carried out in accordance with the Supreme Court’s guidelines. (Sourced)
Fatehpur administration said the demolition was carried out in accordance with the Supreme Court’s guidelines. (Sourced)

The case of demolition in Fatehpur’s Lalauli town comes weeks after the Supreme Court laid down nationwide guidelines to curb arbitrary demolitions by state authorities. The judgment had clarified that its directives would not apply to unauthorised constructions on public lands, such as roads, footpaths, and water bodies or to demolitions ordered by a court of law.

The management committee of the Noori Jama Masjid, built in 1839, disputed the administration’s allegations and said that the case was being heard by the Allahabad high court. “We were not informed about this action, nor were we allowed to remove any items,” said Maulana Sadiq, a member of the mosque management committee.

Fatehpur additional district magistrate (ADM) Avinash Tripatgu said the demolition was carried out in accordance with the Supreme Court’s guidelines. “The mosque committee has acknowledged receipt of the notices; adequate time was provided to the committee to honour their commitment. In case of failure, the portion falling within the 12-metre roadside encroachment zone was demolished,” he said.

The local administration said the mosque illegally built extensions 2-3 years ago. “The demolished section of Noori Jama Masjid was built in the last three years to extend the mosque over the Banda-Bahraich road (State Highway 13). The construction was obstructing the proposed road widening works,” said a statement by the district administration.

“The extended part of the masjid was declared an encroachment by the public works department (PWD). It has been demolished, and no law-and-order issues arose during the demolition process,” said Vijay Shankar Mishra, Fatehpur additional superintendent of police (ASP).

According to the district administration, the mosque management committee was issued two notices regarding the encroachment, on August 17 and December 24 last year. The committee submitted an undertaking that it would be removing the encroached portion.

However, it later approached the Allahabad high court, which scheduled a hearing for December 13. The administration stated that the committee failed to remove the encroachment, prompting the demolition.

Before the demolition began, the area within a 500-metre radius of the mosque was sealed off. Paramilitary forces and Provincial Armed Constabulary (PAC) personnel were deployed at multiple points. Five bulldozers razed a section of the mosque over seven hours, during which traffic on the Kanpur-Banda route was suspended. Traffic resumed once the debris was cleared. Drones were also used to monitor the situation.

According to PWD engineers in Fatehpur, any construction within 12 metres on both sides of the said road can be termed encroachment.

But Sadiq said that the masjid did not encroach on any land. He also criticised the demolition, saying the case was scheduled for a hearing on December 6, but the high court deferred it to December 13. He added that the committee will comply with any decision of the court.

Mohd Izhar Saqibi, a local resident who regularly prayed at the mosque, also condemned the administration’s decision. “It was wrong to demolish the mosque. At least the administration should have waited for the court’s decision,” he said.

Last month, a bench comprising justices Bhushan R Gavai and KV Viswanathan underlined the right to shelter as a fundamental part of the Constitution, mandating strict procedural safeguards and highlighting that the executive cannot bypass the judicial process by demolishing properties linked to criminal allegations.

To ensure fairness and prevent abuse, the court introduced binding directives for future demolitions. No demolition, it ruled, should be carried out without prior notice. This show-cause notice must give at least 15 days for the occupant to respond, and it must be served through registered post, as well as affixed prominently on the structure in question. The court required the notice to specify the nature of the alleged violation, grounds for the demolition, and a list of documents required in defence.