New Delhi:
The Supreme Court on Monday directed the Uttar Pradesh officials to respond to why contempt proceedings should not be initiated against them to leave a part of a mosque in Kushinagar.
A bench of Justice Bra Gavai and Augustine George Maasih also directed that until further orders, there would be no demolition of the structure in the question.
The bench passed the order against the officials concerned in Kushinagar and hearing an contempt petition for failure to follow last year’s directions on the top last year’s top last year.
In its November 13, 2024 judgment, the apex court determined the PAN-India guidelines and stopped the demolition of properties without notice without any pre-notice and 15 days to the victim party to respond.
The latest petition filed through advocate Abdul Qadir Abbasi said that the officials had demolished the outer and front area of ​​Madni Mosque in Kushinagar on 9 February.
Senior advocate Huzefa Ahmadi, who was present for the petitioners, said that the structure under consideration was constructed on a private land owned by the petitioners.
He said that the construction was with proper approval of the municipal authorities as per an approval order of 1999.
Ahmadi argued that the demolition was done in the “arrogant contempt” of the instructions issued by the apex court in the November decision last year.
The bench said, “Note why the proceedings for contempt should not be started against the respondents,” posted and posted the case for hearing after two weeks.
The apex court said, “It is further directed that till further orders, there will be no demolition of the structure.”
Initially, the bench told Ahmadi that the apex court was asking the petitioners to contact the High Courts with their complaints, accusing the petitioners of contempt in the demolition cases.
Referring to the instructions issued by the apex court in its previous year’s decision, senior advocate said, “Please look at the method in which they have demolished it (structure).” The argument alleged that the demolition was done without following the appropriate legal process and in a clear violation of the guidelines issued by the apex court.
It claimed that the officials failed to provide a mandatory opportunity to the petitioners before proceeding with the demolition.
The petition stated, “This task of moving forward without confirming the opportunity of hearing is a violation of the fundamental principles of natural justice, which was clearly expected to be followed by the authorities, as the instructions issued by this court It is mentioned in, “the petition said.
“The administration has in a hurry by taking such action in a hurry, disregarding the religious sentiments of the local Muslim community, who rely on this structure for their religious practices,” said this.
The petition said that the land on which the mosque was constructed was purchased on 29 June 1988, 28 March, 1989, 30 June 1989 and 23 February 2013 through the sales deeds registered by the petitioners. It said that the map for the construction of the mosque was approved by Nagar Panchayat, Hata in September 1999.
The petition was alleged that a local politician lodged a complaint in December last year, in which the land was encroached.
It said that the SDM of Hata had conducted an inspection and a detailed report filed stated that there was no encroachment by the petitioners.
The argument sought direction to the authorities to maintain the status quo in the mosque.
It also sought direction for restoration or appropriate compensation to improve the situation caused by demolition.
Passing a group of directions, the apex court in the November 2024 verdict clarified that they would not apply in case of unauthorized structures in public places such as roads, roads, pavements, railway lines or a river or water bodies. Cases where there was a court order for demolition.
The apex court verdict states, “No demolition should be done without any pre -show.
This decision came on a petition seeking guidelines on the demolition of properties.
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