Plea Seeks Removal Of Illegal Majars, Mosques From Public Places In State: Allahabad HC Seeks UOI, UP Govt's Reply

The Allahabad High Court on Thursday has sought the responses of the Union of India and the Uttar Pradesh Government on a Public Interest Litigation (PIL) plea seeking the removal of unauthorized Majars and Mosques from public places [like railway stations, roads, parks, etc]

The PIL plea, moved by Jan Udghosh Sewa Sansthan and others, shall be heard next on December 15 by the bench of Chief Justice Rajesh Bindal and Justice J. J. Munir. 

The plea has submitted that the members of the Public are suffering immensely due to illegal and unauthorized construction of Mosques and Mazars at public places, public parks, and places of public utility. In this regard, the plea has referred to the example of Mathura, Ghaziabad, Gorakhpur, Lucknow, Kanpur, Muzzafarnagar, and other districts of the state alleging that such districts contain such unauthorized Majars, Mosques.

The plea also avers that such illegal activities are rapidly increasing with an intention to capture more and more land illegally and unauthorisedly in the name of pseudo religion due to which the national integrity and National Interest is being jeopardized.

"...it is being observed that at a number of public places Graves/ Mazars/Dargahs are being created/constructed in Public Parks, Pathways, Middle/Inside of Public Roads, Footpaths, Public Places, Public Buildings, Railway Stations, Railway Line/ Track, Railway Platforms, Bus Stands, Flyovers, Middle/Inside of Highways, Bridges and also within or outside Government Buildings across the Country. It is also been found that Mosques have also been constructed on the roadside and other public places without any legal sanction. It is also been observed that sometimes anti-social elements take shelter at such places and pose a law and order problems...The situation is so alarming that such activities may give rise to communal disharmony and is affecting public and, law and order...," the Court further states while holding the Union of India and State Government to be negligent in performing their constitutional responsibilities and duties.

In this regard, the petition refers to the Supreme Court judgment in the case of State of Gujarat v. Union of India SLP(C) No.8519/2006 wherein the states and UTs were directed to ensure that no unauthorized construction of any religious institution namely, a temple, church, mosque or gurudwara, etc. be permitted on the public street/public space.

The plea further emphasizes that the members of the Muslim community, with a view to capturing notable areas of public land, have created artificial graves and are trying to construct mosques within those lands and are trying to convert those lands cumulatively comprising a big chunk of land to show the same as Waqf property violating the statutory provisions as well as the direction issued by the apex court.

"They are intending to capture more and more land in the name of so-called Waqf even encroaching Public Parks due to which the public at large is suffering and is likely to suffer more in future," the plea adds while stating that the State Government has not taken any concrete steps to implement the directions of the Hon'ble apex court.

In view of this, the plea prays that a direction be issued to the respondents to ensure that such religious structures in and around the public places in the state and to ensure that no such structures are developed in the future. The plea also seeks actions against the officers responsible for not taking action against such structures in the state.