The Supreme Court issued a directive on Wednesday to maintain the status quo regarding a demolition drive initiated by railway authorities in a settlement near Krishna Janmabhoomi in Mathura. 

A three-judge panel comprising Justices Aniruddha Bose, Sanjay Kumar, and SVN Bhatti granted temporary relief to the residents after Senior Advocate Prashanto Chandra Sen argued that the ongoing demolition might render the petition moot. Sen highlighted that during the closure of courts in Uttar Pradesh, around 100 houses were demolished out of approximately 200, leaving only 70-80 standing. The bench responded by issuing a notice, putting a ten-day hold on any changes to the subject premises, and scheduling a follow-up after a week.

The court allowed the petitioner to submit an additional affidavit, as requested by the senior counsel. Represented by Senior Advocate Prashanto Chandra Sen, the petitioner received support from advocates Kaushik Chaudhry, Radha Tarkar, and Aaron Shaw. The bench indicated the possibility of relegating the parties to a civil court where property-related suits are already pending.

Background: Starting on August 9, the government initiated a demolition drive in Mathura, Uttar Pradesh, targeting 135 houses in Nai Basti, a settlement near Krishna Janmabhoomi. The houses were considered illegal encroachments on government land. 

The demolition, facilitated by railway authorities, the district administration, and the police, aimed to convert a 21 km railway stretch from narrow to broad gauge to accommodate trains like Vande Bharat. However, residents contested this move. During a three-day grace period, some residents approached a local court to halt the demolition, but a lawyer strike postponed a final decision.

Against this backdrop, local resident Yakub Shah filed a writ petition under Article 32, seeking an urgent hearing. Shah claimed that the demolition took place in an area predominantly inhabited by Muslims, despite a pending challenge to eviction notices issued in June. Chief Justice DY Chandrachud-led bench agreed to hear the case on August 16 after Senior Advocate Prashanto Chandra Sen requested expedited consideration.

Nai Basti, situated near Krishna Janmabhoomi, has legal disputes over ownership of the land where the adjacent Shahi Eidgah mosque stands. Hindu parties allege that Mughal Emperor Aurangzeb built this mosque after demolishing Hindu temples. These pleas to remove the mosque have fueled communal tensions in the area. Recently, the Shri Krishna Janmabhoomi Mukti Nirman Trust approached the Supreme Court, urging a scientific survey of the Shahi Eidgah mosque premises.

Case Details: Yakub Shah v. Union of India & Ors. | Diary No. 33188 of 2023