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Allahabad High Court issued notice in a plea seeking directions to the DM, Prayagraj to take into his possession all structures raised in open space, within the area of Amar Shaheed Chandrasekhar Azad Park (Alfred Park), and further direct the respondents to maintain the status of the Park, in accordance with UP Parks Playgrounds and Open Spaces Act, 1975. Reference is made to Sections 6,7,8,9,10 of the said Act.

It is the contention of the petitioners that the members of the Muslim community are trying to encroach the land of the Park by creating temporary structures; They are intending to destroy the very nature of the park to which public at large is suffering and is likely to suffer more in future.

“That the petitioners came to know that some members of the Muslim community are creating artificial graves to convert the park land into graveyard and they are also trying to convert a building into a mosque within the area of Azad Park. On 23.02.2021, they reached Prayagraj and went to Azad Park. It is astonishing that in this historical park few persons had created artificial graves and were naming a building as Mosque,” plea states.

With respect to the Alfred Park, Petitioners draw attention to the Allahabad Master Plan, 1967-1991, prepared by Allahabad Survey Division which says that Azad Park/Alfred Park is the most important city park, having historical importance. Moreover, it is situated in the Civil Lines area which is an important area of the town.

A number of important community buildings such as stadium, museum and a public library find place in it.

It achieved the said historical importance with the martyrdom of Chandra Shekhar Azad, popular revolutionary leader.

“That on 23.02.2021 the petitioners took photographs of some constructions showing alleged graves and a kaccha construction with temporary shed with a display board of its being a Mosque, alleged to have been registered by Waqf Board as Waqf no. 284/1 and no. 284/2,” petition adds.

Reference is also made to the observations in Civil Misc. 19296 of 1986, filed by Arun Kumar for demolition of two buildings constructed at that time within the area of Chandrashekhar Azad Park.

Criticizing the State Machinery, Court had then noted that the institutions which have permitted the said constructions may be meaningful but there was no occasion to put them into the park.

“That it is relevant to mention that no part of the park has ever been used as Waqf property either for the purposes of buying the dead, dargaah or mazar and no mosque was ever constructed or had been in existence in any manner. Even today no mosque is in existence. A building illegally raised is being tried to be converted into a mosque,” petitioners further submit.

Reliance is also placed on UOI v. State of Gujarat, SLP No. 8519 of 2006, where the Court directed all States and UTs to take effective steps against such illegal constructions.

Petition is moved by Advocate HS Jain and Advocate Prabhash Pandey.

Case Title: Jitender Singh v. State of UP