India

SC questions UP authorities on Kushinagar mosque demolition

CityHilights

New Delhi

The Supreme Court on Monday asked Uttar Pradesh authorities to explain why contempt proceedings should not be initiated against them for demolishing part of a mosque in Kushinagar, allegedly defying the court's previous order. A bench of Justices B R Gavai and Augustine George Masih also prohibited further demolition of the mosque until further notice.

The court issued the order while hearing a contempt plea, accusing authorities of disregarding its November 13, 2024, verdict. That verdict set guidelines for demolitions, requiring a show-cause notice and a 15-day response period before any property can be demolished.

The petition, filed by advocate Abdul Qadir Abbasi, claimed authorities demolished the mosque's outer and front areas on February 9. Senior advocate Huzefa Ahmadi, representing the petitioners, argued the demolition violated the top court’s orders, as the mosque was built on private land with municipal approval in 1999.

The petitioners alleged that no hearing was offered before the demolition, which contravened natural justice principles. It also pointed out that local authorities had previously cleared the land of encroachment claims. The plea sought a restoration or compensation for the damage caused.

The court emphasized that demolitions must follow due process, including prior notice, and that the guidelines do not apply to unauthorized structures in public spaces. It scheduled the next hearing for two weeks.

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