Allahabad High Court Declines Interim Protection for Sambhal Mosque Amid Demolition Drive

In a significant ruling, the Allahabad High Court has refused to grant interim protection against demolition for the historic Rayan Buzurg Mosque in Uttar Pradesh's Sambhal district. The decision, delivered by a Division Bench comprising Justice Sunita Agarwal and Justice Om Prakash Shukla, comes amidst a broader state-wide demolition drive targeting structures allegedly built on government land.

The petition, filed by the Committee of Management, Masjid Rayan Buzurg, sought to halt any potential demolition of the mosque.

The petitioners presented a 1937 gazette notification and a 1968 land consolidation record, arguing these documents substantiated their claim to the property. They contended that the mosque had been in continuous existence and use for decades, if not centuries, and was a recognized religious structure.

However, the High Court found these submissions insufficient to establish a clear legal title or prima facie case for interim protection.

The bench observed that while historical records provided some context, they did not definitively prove ownership or legal possession in the present day, especially in the face of the state's assertion of encroachment. The Court emphasized that mere reliance on old notifications or entries, without robust contemporary documentation of ownership, was not enough to warrant an immediate stay on governmental action.

The state government, represented in court, maintained that the Rayan Buzurg Mosque was an illegal encroachment on government land, specifically a 'Chak Road' – a type of farm access road.

This assertion forms the core of the dispute, placing the mosque's existence in direct conflict with public land use.

While declining to grant an interim stay, the Allahabad High Court did provide a pathway for the petitioners to pursue their case. The bench directed the Committee of Management to file a detailed representation, complete with all supporting documents, before the District Magistrate or the concerned competent authority.

The District Magistrate has been mandated to consider this representation and pass a reasoned order within a strict timeframe of two months from its submission.

This ruling underscores the legal challenges faced by structures alleged to be encroachments on public land, even those with significant historical or religious importance.

The mosque's fate now rests on the outcome of the detailed representation to the District Magistrate, as the judicial authority has refrained from intervening at this preliminary stage without more compelling evidence of legal entitlement.