The Uttarakhand High Court on Wednesday sought response from the state authorities on a plea regarding the recent demolition of a mosque and madrasa in Haldwani.
The demolition of religious structures on February 8 led to violent clashes in the area, killing five and injuring more than ten.
Justice Manoj Kumar Tiwari gave Uttarakhand government, Nainital District Magistrate, Nagar Nigam Haldwani and police six weeks to file their response to the petition.
The court also gave the 2019 applicant’s lawyer two weeks to file a counter-affidavit.
The petition was duly proposed before the actual dissolution on February 8. Apart from seeking a stay on the demolition, he also prayed for cancellation of the demolition notice for the property.
However, the High Court simply postponed the hearing of the case on February 7 and 8 and did not grant interim measures.
Since the structures were later demolished, yet another appeal against seizure and demolition of the property failed.
According to a statement submitted through activist Ahrar Baig, the Nazul land (owned by the government) on which the structures were built was leased to a local resident for agricultural purposes.
In the course of time, after sale and restitution, the property will pass to petitioner Safia Malik, according to the petition.
It also referred to earlier lawsuits to give title to the land, but those were unsuccessful.
Also in 2020, some classrooms of the religious school were demolished.
The last vacation and demolition notice for a property in Nazulla was issued on January 30.
Although the petitioner proposed a motion on the pending title application, a letter was sent on February 2 to dismantle the property.
This led to an immediate challenge in the Court of Appeal. The court will next hear the case on 8 May. The petitioner was represented by
Senior Advocate Salman Khurshid and Advocates Ahrar Baig and Nishat Intezar.
Advocate General SN Babulkar, Standing Counsel CS Rawat and Standing Counsel Gajendra Tripathi represented the State.
Advocate Ashish Joshi represented Haldwani Nagar Nigam.
Case: Safia Malik v. State of Uttarakhand
Name: Anam Mukherjee, BALLB, Techno India University, INTERN UNDER LEGAL VIDHIYA.
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