Read Time: 05 minutes

Finding failure of the Authorities to act against all encroachments raised in the shape of religious constructions as Graves, Mazaars or Mosque within the area of historical Amar Shaheed Chandrasekhar Aazad Park in Prayagraj, Allahabad High Court on Tuesday directed for the removal of the same by October 8.

The Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Piyush Agrawal, refusing to adjourn the matter further, also asked the matter to be listed as fresh on the 8th, enabling the respondent authorities to produce a report before the court after removing all the encroachments.

The Chandrasekhar Aazad Park is the same park where, in 1931 Chandra Shekhar Azad, the brave freedom fighter and associate of Shaheed Bhagat Singh was brutally killed by Britishers.

Referring to the previous litigations relating to the encroachment issue of the park, Court said that despite the report filed by the responsible officers in pursuance of court’s earlier order of September 30 that indicates the encroachments, actions were not taken to remove all the encroachment in strict compliance of the Court’s judgment.

The present directions have come against a plea that had been filed in February this year alleging that - for the last few years, the members of the Muslim community in their usual manner of capturing the land for their religious purposes are trying to construct a mosque within the parking area and some artificial Mazars (graveyards) have been created at the instance of fundamentalists and the patronage of the Waqf Board.

It was contended in the plea that the Government or the Waqf Board had never issued any public notice for registering any portion of the parkland as Waqf property still the constructions were raised.

It was also argued in the plea that the Waqf Board cannot declare any land as Waqf property and cannot act arbitrarily in the exercise of its powers of maintaining Waqf property.

The plea had also mentioned that in Arun Kumar Versus Nagar Mahapalika [Civil Misc. Writ Petition No.19296 of 1986] the High Court had already issued strict orders to protect, preserve, maintain and develop the historical Azad Park, still the encroachments exist.

Accordingly, taking note of the non-compliance of the earlier directions, court directed for immediate action and sought a report of the same by the next date of hearing. 

Case Title: Jitendra Singh Vishen and Another v. State of U.P. And 9 Others