The Supreme Court declined to prolong a previous status quo order in a case regarding a demolition drive near Mathura's Krishna Janmabhoomi. Railway authorities conducted the drive, resulting in the destruction of homes in the Nai Basti settlement. The Court questioned the petitioner's legal standing as they weren't directly impacted.
The Railways confirmed completion of the demolition. The Court allowed the petitioner to counter the Railways' affidavit and scheduled the case for the upcoming Monday. Communal tensions and land ownership disputes are underlying issues. A separate plea seeks a scientific survey of the Shahi Eidgah mosque grounds.
Demolition Drive and Status Quo Order: The government initiated a demolition drive in Mathura to raze illegal encroachments on government land, resulting in the destruction of houses in the Nai Basti settlement near Krishna Janmabhoomi. The railway authorities defended this action, citing the need to convert the railway track from narrow to broad gauge for improved train operations.
Legal Proceedings: A resident named Yakub Shah filed a writ petition under Article 32, alleging that the demolition was carried out in an area with a predominantly Muslim population and challenging the eviction notices issued. Senior Advocate Prashanto Chandra Sen represented the petitioner. The case was scheduled for an urgent hearing.
Interim Relief: The Supreme Court initially issued a status quo order on August 16, which directed the maintenance of the existing state of affairs regarding the demolition drive for ten days.
Railway Authority's Position: The railway authorities informed the Supreme Court that the demolition had been completed. The Court questioned the petitioner's "locus standi" (legal standing) as they were not directly affected by the demolition, as they did not reside in the disputed area.
Bench's Decision: The bench, consisting of Justice Aniruddha Bose and Justice Bela M Trivedi, allowed the petitioner to file a rejoinder to the counter-affidavit filed by the Railways. The case was posted for the next hearing on the following Monday.
Potential Outcome: The bench suggested that the parties might be referred to a civil court where suits related to the properties are pending, indicating a possible resolution through civil litigation.
Communal Tensions: The case has underlying communal tensions, as there are multiple suits and petitions pending in various courts, including the Supreme Court, related to the ownership of the land on which the Shahi Eidgah mosque is built. Hindu parties have claimed that the mosque was constructed after demolishing Hindu temples, leading to heightened tensions in the area.
Additional Petition: The Shri Krishna Janmabhoomi Mukti Nirman Trust has moved the Supreme Court seeking a scientific survey of the premises of the Shahi Eidgah mosque.
The case reference is "Yakub Shah v. Union of India & Ors. | Diary No. 33188 of 2023."
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