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Synopsis

The Allahabad High Court has directed the Union Government of India and the State Government of Uttar Pradesh to file action taken report in a Public Interest Litigation(PIL) seeking removal of unauthorised Mosques/Mazars/Dargahs constructed on public lands.

Acceding to the request made by the counsel for the State and Centre, the bench of Chief Justice Rajesh Bindal and Justice JJ Munir on Thursday granted them time to file counter affidavits placing on record the action taken report and adjourned the matter till December 15, 2022 for further hearing. 

The PIL plea alleged that across the country, unauthorised Graves/Mazars/Dargahs are being constructed at public places like parks, railway stations, bus stands, flyovers, bridges etc. with an intention to capture more and more land illegally. 

The plea stated that these activities, which are being done in the name of pseudo religion, can jeopardize national integrity and the situation is so alarming that it may give rise to communal disharmony. 

The plea, filed by Jan Udghosh Sewa Sansthan and others, cited the example of alleged illegal Mazars, Mosques and Dargahs in several cities of Uttar Pradesh including Allahabad, Gorakhpur, Muzaffar Nagar, Meerut, Mathura, Bareilly etc. 

The plea further alleged that these illegally constructed places are also being used for illegal activities and spreading unnecessary superstition. 

The plea further claimed that these activities are taking place in connivance with the local administration. "From the narration of facts placed on record, it is also clear that such construction is being raised with the officers in charge of the administration as without their consent and connivance such type of construction at public places could not have been raised," the plea stated. 

Therefore, along with seeking stern action against those under whom such illegal constructions had been raised or are being raised, the petitioner sought court's direction to the Centre and State governments to conduct a survey for identifying all such unauthorised constructions and take action for their removal. 

Case Title: Jan Udghosh Sewa Sansthan and others v. Union of India and others