The Uttarakhand High Court has instructed the State authorities to respond on a petition related to demolition of a mosque and a madrasa in Haldwani.
On February 8, the demolition of the religious structure had led to clashes in the area, in which about five people died and about dozen suffered injuries.
The Uttarakhand government, Nainital District Magistrate, Nagar Nigam Haldwani and the Police have been granted six weeks time to file their responses to the petition Justice Manoj Kumar Tiwari.
The Court also granted two weeks time to the petitioner’s counsel for filing a rejoinder affidavit.
The petition was moved before the actual demolition took place on February 8. The petition asked for stay on the demolition.
The High Court had simply adjourned the matter on February 7 and February 8 and not granted any interim protection.
Since the structures have since been demolished, the second prayer against forcible possession and demolition of property has become infructuous.
As per the petition filed through Advocate Ahrar Baig, the Nazul land (owned by State) on which the structures were constructed had been leased in favour of a local for agricultural purposes.
With time, after sale and succession, the property is question devolved upon the petitioner Safia Malik, the petition stated.
It also referred to the earlier litigations for grant of freehold rights over the land but the same weren’t successful.
In 2020 as well, certain classrooms of the religious school had been demolished.
The latest notice for vacation and demolition of the property on Nazul land was issued on January 30.
Though the petitioner had moved an application for decision on the pending application for grant of freehold rights, a letter was issued on February 2 for demolition of the property.
This led to the instant challenge before the High Court. The Court will hear the matter next on May 8.
Senior Advocate Salman Khurshid and Advocates Ahrar Baig and Nishat Intezar represented the petitioner.
Advocate General SN Babulkar, Chief Standing Counsel CS Rawat and Standing Counsel Gajendra Tripathi represented the State.
Advocate Ashish Joshi represented the Haldwani Nagar Nigam.