Allahabad High Court dismisses plea filed against removal of mosque for highway widening

The Allahabad High Court recently dismissed a plea moved by the management committee of Shahi Masjid situated on Prayagraj to Handia stretch of State Highway 106 against the decision of the State Government to remove the mosque for highway widening.

A division bench comprising Justice Sunita Agarwal and Justice Om Prakash Shukla observed that Court could not issue a mandamus as sought by the petitioner as it appeared from the submissions of the Public Works Department, Prayagraj that the existing construction of Shahi Masjid situated on Prayagraj to Handia stretch of State Highway 106 is an encroachment on the government land.

The petitioner had insisted that the mosque had been in existence before the independence and had submitted a report of the revenue department stating the same. Regarding that, Court observed that the report was based on the statement made by the people of the locality and there was no data or material which was looked into by the reporting officer before making the statement with regard to the existence of the mosque.

However, Court added that since the present dispute was about the title to the property over which the construction exists, so it would be open for the petitioner to approach the civil court by filing the civil suit seeking declaration or necessary relief in the same.

"In case, the petitioner approaches the civil court, it would be under obligation to decide the matter independently without being influenced by any of the observations made herein above," Court clarified.

In August 2021, the State Government sanctioned the project of widening State Highway No.106 from Prayagaj to Handia up to four-lane.

In its submission before the High Court, the PWD had said that the above widening of road had become unavoidable in national interest due to increasing traffic. The department had made a categorical statement that the process of marking of all encroachment and public announcement for that purpose had been carried out and it was found that the Shahi Masjid was also an encroachment upon the state land.

The widening of road has to be carried out within the limits of the state land and all encroachment has to be removed without any acquisition or compensation process for a larger national purpose, the department had argued.

Case Title: Intezamia Committee Shahi Masjid v. State Of U.P. And 2 Others