The Allahabad High Court has stayed the recovery of ₹6.41 crore in damages from the committee managing a mosque demolished at the Saharanpur Collectorate complex.
The court has also sought responses from the Uttar Pradesh government and the local administration on a petition challenging the eviction proceedings and the demolition of the mosque.
Justice Rohit Ranjan Agarwal passed the order on Friday while hearing a petition filed by Mohammad Tanveer Ahmad under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Court Seeks UP Government’s Response
Ahmad challenged the eviction proceedings initiated against him under Section 5 of the Act.
According to his petition, he had submitted a written statement before the authorities, claiming that the mosque had existed on the disputed land for more than 100 years and that he was in possession of the property.
He claimed that despite his objections, the Saharanpur City Magistrate ordered his eviction on July 16, 2026, and imposed damages of ₹6.41 crore.
An appeal against the order was later dismissed by the District Judge, Saharanpur, on September 2.
The High Court said the matter “requires consideration” and directed the state government to file its counter affidavit within three weeks.
The case will next be heard on October 12, 2026.
Petitioner Says Demolition Was Carried Out Quickly
Lawyer Ashish Kumar Singh, appearing for Ahmad, argued that the authorities acted hastily in demolishing the mosque.
According to the petitioner, the structure was demolished within three days of the eviction order.
Ahmad’s lawyer also argued that the original owners of the land, identified as Yaqub Khan and Wahid Khan, had dedicated the property as waqf for use by worshippers.
A waqf is property permanently dedicated under Islamic law for religious, educational or charitable purposes.
The mosque was demolished on September 5 after an earlier court decision upheld the authorities’ position that the structure was illegal.
Government Disputes Waqf Claim
Additional Advocate General Manish Goyal, appearing for the Uttar Pradesh government, opposed the petitioner’s claims.
He argued that official land records showed the disputed property as belonging to the Collectorate.
Goyal also pointed to what he described as inconsistencies in the petitioner’s case. He said the written statement named Yaqub Khan and Wahid Khan as the original landlords but did not mention when the land was allegedly dedicated as waqf.
The government also said that no waqf deed had been produced to support the claim.
It further argued that the alleged original landlords had never approached a court to claim ownership of the property.
According to the state’s submission, a post office currently operates on part of the disputed land and the eviction proceedings were initiated after the mosque was allegedly constructed by taking rooms on rent.
Recovery of Damages Stayed
After hearing both sides, the High Court issued notices to the Uttar Pradesh government and the local administration.
The court directed that the recovery of damages ordered by the Saharanpur City Magistrate on July 16 should remain suspended until the next date of hearing.
“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.
