Uttarakhand High Court seeks State's response on plea against demolition of mosque, madrasa in Haldwani

The Uttarakhand High Court on Wednesday sought response from State authorities on a petition related to the recent demolition of a mosque and a madrasa in Haldwani. [Safia Malik Versus State Of Uttarakhand].The demolition of the religious structures on February 8 had led to violent clashes in the area during which five persons died and more than a dozen suffered injuries. Justice Manoj Kumar Tiwari granted six weeks time to the Uttarakhand government, Nainital District Magistrate, Nagar Nigam Haldwani and the Police to file their responses to the petition. The Court also granted two weeks time to the petitioner’s counsel for filing a rejoinder affidavit..Pertinently, the petition was moved before the actual demolition took place on February 8. Besides seeking stay on the demolition, it had prayed for quashing of the notice for demolishing the property.However, 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.[Read Order]