Allahabad High Court Upholds Demolition of Sambhal Mosque, Citing Unauthorized Construction on Government Land

In a significant ruling, the Allahabad High Court has affirmed the demolition of a mosque located within the Collectorate campus in Sambhal, Uttar Pradesh. The court dismissed a petition challenging the action, declaring the structure to be an 'unauthorized construction' on government land.

The Division Bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar, delivered the judgment, which effectively sided with the district administration's decision to remove the structure.

The petition had been filed by the president of a local committee, asserting that the structure was an 'ancient' mosque.

However, the court's findings painted a different picture. It was established that the structure in question was built on public land. Crucially, the court referenced a 2010 High Court order and a 2009 Supreme Court directive that strictly prohibit the construction of religious structures on public property.

Further weakening the petitioner's case, the court noted that the structure was erected after August 15, 1947.

This specific timeline is vital because it means the Places of Worship (Special Provisions) Act, 1991, which protects the character of religious places as they existed on that date, does not apply to this particular structure.

Adding another layer to its rationale, the High Court also referred to a report from 2007 by the Uttar Pradesh Sunni Central Waqf Board itself.

This report had concluded that the mosque was 'not old enough to be a waqf property', undermining the claim of its ancient status and establishing its recent origin.

The court's judgment also highlighted the petitioner's failure to furnish any documentation that would substantiate ownership or provide authorization for the construction of the mosque on government-owned land.

This lack of legal backing was a critical factor in the court's decision.

The district administration had proceeded with the demolition after determining the structure's unauthorized status and its presence on a government campus. The Allahabad High Court's dismissal of the petition therefore validates the administration's actions, reinforcing the legal framework concerning encroachments on public land and the establishment of religious structures.