On Wednesday, the Uttarakhand High Court sought a response from state authorities regarding a petition concerning the recent demolition of a mosque and a madrasa in Haldwani.The demolition of the religious structures on February 8 resulted in violent clashes in the area, leading to the deaths of five individuals and injuries to more than a dozen others.

Justice Manoj Kumar Tiwari has granted a six-week extension to the Uttarakhand government, Nainital District Magistrate, Nagar Nigam Haldwani, and the Police to submit their responses to the petition.

The Court has also allowed the petitioner's counsel a two-week period to file a rejoinder affidavit.

Significantly, the petition was filed before the actual demolition occurred on February 8. In addition to requesting a halt to the demolition, it also sought the annulment of the notice for demolishing the property.

However, the High Court merely adjourned the matter on February 7 and February 8 without granting any interim protection. As the structures have already been demolished, the second request against forced possession and demolition of property has become irrelevant.

According to the petition filed by Advocate Ahrar Baig, the Nazul land (owned by the State) where the structures were built had initially been leased to a local individual for agricultural purposes. Over time, through sale and succession, the ownership of the property in question was transferred to the petitioner Safia Malik, as stated in the petition. The petition also mentioned previous legal disputes aimed at obtaining freehold rights over the land, which were ultimately unsuccessful.

In 2020, specific classrooms of the religious school had already been demolished. The most recent notice for vacating and demolishing the property on Nazul land was issued on January 30. Despite the petitioner submitting an application for a decision on the pending application for freehold rights, a letter was issued on February 2, ordering the demolition of the property. This prompted the immediate challenge before the High Court. The Court is scheduled to hear the matter next on May 8.

Senior Advocate Salman Khurshid and Advocates Ahrar Baig and Nishat Intezar represented the petitioner.

Advocate General SN Babulkar, Chief Standing Counsel CS Rawat and Standing Counsel Gajendra Tripathi represented the State.

Advocate Ashish Joshi represented the Haldwani Nagar Nigam.