'Undermines Religious Freedom and Autonomy': Noori Jama Masjid in Fatehpur Seeks Demolition Stay Before Allahabad HC

In a significant legal battle, the Management Committee of the historic Noori Jama Masjid in Fatehpur has approached the Allahabad High Court, challenging the Uttar Pradesh Public Works Department’s (PWD) move to demolish a part of the 180-year-old mosque for a road-widening project. The petition is pending before a bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit.

The mosque committee is seeking urgent judicial intervention to prevent the demolition, arguing that the mosque is not only a place of worship but also a critical component of the nation's cultural heritage. The plea highlights the irreparable harm the demolition would cause to the local Muslim community and India’s historical fabric, emphasizing that heritage structures, unlike movable assets, cannot be restored once destroyed.

The committee has alleged that the proposed action violates fundamental rights guaranteed under the Constitution, particularly the right to practice and propagate religion. “The mosque is integral to the community’s religious practice. Arbitrary demolition without due process undermines the freedom of religion,” the plea states.

As per the plea, situated in Village Lalauli, Fatehpur, the Noori Jama Masjid, with its 19th-century architectural style, has historically served as a religious, cultural, and social hub for the Muslim community. The mosque continues to function as a site of worship and cultural preservation, underscoring its significance to both the local populace and India's architectural heritage.

The writ petition challenges the PWD’s trespass notice and its act of marking a 40-foot area on both sides of National Highway 335, including a 150-square-foot section of the mosque, for demolition under the pretext of road expansion. The petitioner claims that the decision was made unilaterally, without consulting the mosque management or exploring alternative road-alignment options.

The plea, filed through advocate Syed Azeem Uddin, also seeks a direction to the Archaeological Survey of India (ASI) to consider the mosque as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. A representation to this effect has already been submitted to the ASI, emphasizing the mosque's historical and cultural value.

“The demolition of Noori Jama Masjid would cause irreparable harm, both to the local community and to the nation’s cultural heritage. Unlike movable assets, historical structures, once demolished, cannot be restored to their original form,” the plea argues.

The mosque committee contends that the trespass notice and the planned demolition lack transparency and procedural fairness. It calls for a stay on any action by the PWD and set aside the same.

Case Title: Management Committee of Noori Jama Masjid, Lalauli vs. State of U.P. & Others