Allahabad HC stays ₹6.41 crore recovery in Saharanpur mosque demolition case

The Allahabad High Court on Friday stayed the recovery of ₹6.41 crore in damages imposed on the committee of a mosque that was demolished at the Saharanpur Collectorate complex last week. The court also issued notice to the Uttar Pradesh government and the local administration, seeking their response to the demolition.

Justice Rohit Ranjan Agarwal passed the interim order while hearing a petition filed by Mohammad Tanveer Ahmad, who had challenged eviction proceedings initiated against him under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner contended that he had objected to the eviction proceedings and filed a written statement asserting that the mosque stands on the disputed land and that he has been in possession of it for more than a hundred years. He said the Saharanpur City Magistrate ordered his eviction on July 16, 2026, and imposed damages of ₹6.41 crore. An appeal before the District Judge, Saharanpur, was dismissed on September 2, 2026.

The petitioner further submitted that the authorities demolished the mosque within three days of the eviction order. He argued that the land's original owners, identified as Yaqub Khan and Wahid Khan, had dedicated it as waqf property for worshippers.

Appearing for the state, Additional Advocate General Manish Goyal countered that official records list the disputed property as belonging to the Collectorate. He described the petitioner's case as containing inconsistencies, noting that while the written statement named Yaqub Khan and Wahid Khan as the original landlords, it did not specify when the land was allegedly dedicated as waqf, nor was any waqf deed produced as evidence. The state also submitted that the named landlords had never approached the courts to stake a claim to the property, and that a post office operates on the disputed land. According to the state, eviction proceedings were initiated because the mosque was constructed after rooms were taken on rent.

Observing that the matter requires consideration, the High Court issued notice to the state and directed it to file its counter affidavit within three weeks. "Till the next date of listing, the realisation of damages imposed by the City Magistrate, Saharanpur vide order dated 16.7.2026 shall remain stayed," the court said. The matter will next be taken up on October 12, 2026.