Sambhal Court Declares Mosque and Dargah Illegal, Orders Eviction and Heavy Fine
In a significant ruling from Bareilly, a tehsildar court in Sambhal has declared a mosque and dargah constructed on Gram Sabha land as illegal, ordering the immediate eviction of the occupants and imposing a substantial penalty of approximately Rs 6.94 crore on Imam Aftab Hussain and his brother Mehtab Hussain. The court's decision was based on a detailed report submitted by the area lekhpal, which confirmed the encroachment on government property.
Details of the Encroachment and Court Proceedings
The court found that the structures, which include a house, mosque, and dargah, were built on 0.134 hectares of Gram Sabha land located in Saif Khan Sarai village. According to official revenue records, this land is designated as plantation land, not for religious or residential use. Officials revealed that the Hussain family has been in unauthorized possession of the land since 1972, with permanent structures being erected around 20 years ago, further solidifying the encroachment.
Sambhal tehsildar Dhirendra Singh explained the court's directive, stating, "The court directed the respondents to vacate the land and imposed a penalty of Rs 6.94 crore based on the applicable circle rate for the period during which their possession of the land existed." This penalty reflects the financial impact of the long-term illegal occupation.
Defense Arguments and Court's Rejection
During the legal proceedings, the brothers argued that the mosque and shrine were registered as Waqf properties with the Uttar Pradesh Sunni Central Waqf Board. They claimed to be acting as mutawallis, or caretakers, of the site, which hosts an annual Urs event. However, the court firmly rejected this defense, emphasizing that government land cannot be converted into Waqf property simply because a religious structure has been built on it. This ruling underscores the principle that land use must adhere to legal classifications and permissions.
Next Steps and Official Actions
Following the court order, authorities have been directed to remove the encroachment and recover the imposed penalty as land revenue. Tehsildar Dhirendra Singh confirmed that eviction and recovery proceedings will begin soon, ensuring compliance with the judicial mandate. This case highlights ongoing efforts to address illegal land occupations in Uttar Pradesh, particularly involving religious structures on government-owned land.
The ruling serves as a reminder of the legal consequences of unauthorized land use, even when tied to religious activities, and sets a precedent for similar cases in the region.
