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Synopsis

The Allahabad High Court at Lucknow Bench has directed the District Magistrate of Lucknow to explain why a demolition order issued by the Archaeological Survey of India in 2016, concerning illegal construction near the city's Teele Wali Mosque, has not yet been complied with.

"...and what steps have been taken by the District Magistrate, Lucknow in terms of Rule 38 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 in this regard," the division bench of Justices Rajan Roy and Om Prakash Shukla asked the District Magistrate to provide details by the next date of hearing i.e. May 29, 2024.

The order was passed in a Public Interest Litigation (PIL) filed by Rishi Kumar Trivedi and three other Lucknow residents.

The petitioners claimed that the illegal construction situated at Nazul Khasra No.14, P.S. Chowk, District Lucknow, North Side of Bara Imambara is within the prohibited & regulated area as defined under Section-20-A & Section-20-B of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 of centrally protected monument known as "Bara Imamabara".

They alleged that a wall had been illegally constructed by Shahi Imam of Teelewali Masjid Maulana Fazlul Mannan Rahmani in connivance with the Lucknow Development Authority.

The petitioners referred to the ASI's order dated September 20, 2016 against the Manager/President of Managing Committee, Teelewali Masjid to remove such illegal building/construction within seven days. The order also stated that upon failure of such removal by the Managing Committee of Teelewali Masjid, the Central Government shall exercise its power conferred under Rule-38(2) of Rules 1959, and cause the illegal building/constriction removed at their cost and expenses.

After the issue was raised repeatedly by the petitioners at various platforms, the ASI on December 6, 2023, again issued an order to the Director General of Police, UP to remove the said illegal construction within 15 days, but to no avail.

When the present PIL was placed before the division bench on May 13, 2024, it was told that the responsibility to comply with the ASI's orders lay with the District Magistrate.

However, the standing counsel for the State and district administration stated that it was to be done by the Lucknow Development Authority.

To this, the court sought clarification. It also inquired whether the aforesaid demolition orders had been challenged by the Shahi Imam of Teelewali Masjid before any court or forum.

On May 17, the court was informed that the orders had not been challenged anywhere. It was also submitted that due to some misconception a statement was made on the previous date that demolition had to be carried out by the LDA whereas, in fact, under the relevant statutory rules, it is the District Magistrate, Lucknow who has to do so.

While seeking a reply from the District Magistrate regarding the delay in complying with the ASI's orders, the court also directed the Shahi Imam of Teele Wali Mosque to file a response to the PIL.

Counsel for the State shall seek complete instructions in the light of our order dated 13.5.2024, court further ordered. 

Counsel for Petitioners:- Adv Shailendra Srivastava and Adv Hari Shankar Jain

Counsel for Respondent :- A.S.G.I.,C.S.C., Adv Ratnesh Chandra

Case Title: Rishi Kumar Trivedi And Others v. Union Of India Thru. Secy. Ministry Of Culture, Govt. Of India, New Delhi And Others