Demolitions Near Krishna Janmabhoomi | Supreme Court Refuses To Extend Status Quo Order Against Railways

A three-judge bench of Justices Aniruddha Bose, Sanjay Kumar, and SVN Bhatti had passed the order granting interim relief to the residents after Senior Advocate Prashanto Chandra Sen argued that the petition might become infructuous if the demolition drive were to continue. The senior counsel told the bench, "When we approached this court, all courts in Uttar Pradesh were closed. Taking advantage of that, the authorities have bulldozed over 100 houses. There are some 200 houses in the area. Only 70-80 are left. The whole thing will become infructuous."

After hearing this brief submission, the bench pronounced, "Notice issued. Service to be effected upon the advocate-on-record for the Union of India. Let there be status quo as regards the subject premises for a period of ten days. List after one week."

At the behest of the senior counsel, the bench also permitted the petitioner to file an additional affidavit. The petitioner was represented by Senior Advocate Prashanto Chandra Sen, who was assisted by advocates Kaushik Chaudhry, Radha Tarkar, and Aaron Shaw.

The bench indicated that ultimately, it might relegate the parties to the civil court, where suits in respect of the properties are pending.

Background

On August 9, the government began a demolition drive in Uttar Pradesh’s Mathura, reportedly razing as many as 135 houses in the Nai Basti – a settlement along the railway track in the backyard of the Krishna Janmabhoomi. These houses were marked as illegal encroachments on government land and a team from the railways, along with the district administration, and police conducted the exercise.

Railway authorities have sought to defend this move by citing a plan to convert the 21 km stretch from Mathura to Vrindavan from narrow to broad gauge to facilitate the operation of trains like Vande Bharat. But, the residents have cried foul. During a three-day respite period granted to allow residents of the settlement to move out with their belonging, some of them approached a local court for a stay on the demolition drive. However, the matter could not be finally decided because of a strike called by lawyers in Uttar Pradesh after a lawyer was shot dead.

Under these circumstances, local resident Yakub Shah filed a writ petition under Article 32, in which he sought an urgent hearing. Shah has alleged that the demolition was carried out in an area that has a predominantly Muslim population even as a challenge against eviction notices issued in June was pending before the local court in Mathura. A bench headed by Chief Justice DY Chandrachud agreed to list the petition on Wednesday, August 16, after Senior Advocate Prashanto Chandra Sen, on Monday, sought an urgent hearing.

The Nai Basti is located along a railway track near Krishna Janmabhoomi. Multiple suits and petitions are pending in various courts of the country, including the Supreme Court, over the ownership of the land on which the adjoining Shahi Eidgah mosque is built. Hindu parties have claimed that this mosque was constructed by Mughal Emperor Aurangzeb after demolishing Hindu temples. Their pleas seeking the removal of the mosque has fanned communal tensions in the area.

Recently, the Shri Krishna Janmabhoomi Mukti Nirman Trust has moved the Supreme Court praying for a scientific survey of the premises of the Shahi Eidgah mosque.

Case Details

Yakub Shah v. Union of India & Ors. | Diary No. 33188 of 2023

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