Introduction:

In a recent legal saga, the Uttarakhand High Court has issued a notice to the State Government regarding the demolition of a Mosque and Madrasa in Banbhoolpura, triggering a violent clash and leaving six dead. Safia Malik, the petitioner, sought relief from the demolitions, claiming historical land rights. Senior Advocate Salman Khurshid argued for petitioner Malik, while the court questioned the legality of construction on government-leased agricultural land.

Arguments of Both Sides:

Khurshid contended that Malik deserved a 15-day reply period before demolition, emphasizing the pending lease renewal. Justice Tiwari probed how construction occurred on government-leased agricultural land. The court called for a government counter affidavit without determining the lease’s validity.

Court’s Judgment:

The court issued notice to the State Government, scheduling the next hearing for May 8. Despite hearing the matter on February 8, the court hadn’t granted relief before demolitions. The demolished structures, Mariyam Mosque and Abdul Razzaq Zakariya Madrasa, date back to 2002. Malik argued the land’s lease since 1937, purchased in 1994, with a pending lease renewal plea since 2007.