HC seeks Survey Report on U’khand’s Mazaars
By Arun Pratap Singh
Nainital/Haldwani, 25 Apr: The Uttarakhand High Court yesterday heard a petition challenging the demolition of a mazaar situated on the National Highway in Rudrapur. A single bench of Justice Rakesh Thapliyal directed the district administration to remove the soil from the Mazar before 12 noon and store it safely. In compliance, officials today excavated the site, filled the removed soil in a drum, and placed it at the police station for safekeeping, stating that it would be handed over to the Waqf Board. Following this, the traffic movement has been allowed from the site today.
It may be recalled that the demolition of allegedly an illegal mazaar at Rudrapur Indira Chowk by the National Highway Authority had led to controversy. Members of the Mazaar Intezamia Committee had filed a case with the High Court, alleging that the administration had not excavated the soil to the required depth, while officials clarified that the soil removal had been carried out up to ten feet. The administration asserted that no remains of any kind were found during the demolition or subsequent excavation. Following this, engineers from the National Highways Authority promptly filled the pit, completed the asphalt work, and also allowed restoration of the traffic movement on the site.
ADM Pankaj Upadhyay confirmed that the court’s instructions had been followed diligently and that traffic operations had resumed smoothly after the road’s asphalt work was completed. He stated that all information sought by the High Court over the past three days had been provided and today’s action was carried out in the presence of Khadims of the Mazaar.
During the hearing, the High Court also mandated a survey report on mazaars across Uttarakhand to be presented before the court. Additionally, it instructed the police administration to ensure no disruption of official work and to provide security to the district administration during proceedings. The court ruled that only authorised personnel should access the demolition site, prohibiting even the two individuals identified for lifting the soil from entering the premises.
During the hearing, the state government asserted through its counsel that the mazaar had been built illegally on Nazul land, which is government-owned. It was also clarified by the government that the structure in question fell within the highway widening zone and had been issued prior notices for removal. Despite repeated notices, the mazaar was not voluntarily vacated, leading to its removal by the administration. During the hearing, the mazaar management acknowledged that it was built on government land but argued long-term occupation and claimed the government had no right to remove it.
The district administration submitted its report on the mazaar demolition, stating that soil removal had been completed as per judicial directives and stored securely. It was confirmed that no difficulties arose during the process, with both administrative and police officials present on-site. Videographic documentation and photographs of the demolition and removal of the soil were submitted to the court, which further directed the Chief Secretary to form a district-wise committee for surveying mazaars across Uttarakhand.
The administration had demolished the mazaar of Syed Masoom Shah Mian and Sajjad Mian, situated near Indira Chowk in Rudrapur, Udham Singh Nagar district, with the assistance of bulldozers on Monday morning. The mazaar was obstructing the proposed eight-lane highway project besides being constructed on government land, prompting the National Highways Authority to issue prior notices urging affected individuals to vacate the area. Despite the notifications, the mazaar was not relocated, leading to its removal by the administration. The mazaar management later contended that they were not informed about its demolition. The management also contended that the mazaar in reality was located away from the highway.
Countering the contention of the mazaar management, the National Highways Authority of India (NHAI) stated that notice had been given well in advance, but the structure was not shifted as required. Following this, the administration had to proceed with bulldozing the mazaar to facilitate highway widening.
