Court Seeks Clarification on Legal Provisions and Mandatory Procedures for Sealing Places of Worship
In a significant development, the Allahabad High Court has directed the State of Uttar Pradesh to provide specific legal clarifications regarding the sealing of an under-construction mosque in Muzaffarnagar. The court's directive came in response to a writ petition filed by Ahsan Ali, who claimed lawful ownership of the property and alleged that it was sealed without prior notice or a hearing.
The petitioner, Ahsan Ali, represented by counsel Jagdish Prasad Mishra, asserted that he had purchased Plot No. 780 in Village Bhopa, Tehsil Jansath, through a registered sale deed in 2019. He was in the process of constructing a mosque on the plot when state authorities intervened, citing illegal construction due to the absence of prior permission from competent authorities.
The bench, comprising Justices Atul Sreedharan and Siddharth Nandan, highlighted the importance of procedural fairness and questioned the State's actions. The court sought answers on three key points: the legal authority permitting the State to seal a place of worship, whether prior permission is legally required for constructing a place of worship, and if the law allows sealing without prior notice or hearing.
The State has been asked to respond with detailed instructions supported by an affidavit, clarifying the legal basis for their actions. The next hearing is scheduled for March 24, 2026, where the State's response will be reviewed.
This case underscores the judiciary's role in ensuring that governmental actions adhere to legal standards and procedural fairness, particularly in sensitive matters involving places of worship.
Bottom Line:
Sealing of a place of worship under construction - Requirement for prior permission, issuance of notice, and opportunity of hearing before sealing - Directions issued to State authorities to clarify legal provisions and authority under which action was taken.
Statutory provision(s): Sealing of Property.
Ahsan Ali v. State Of U.P., (Allahabad)(DB) : Law Finder Doc id # 2874327
