The Supreme Court of India on Tuesday issued notice to the Union Government and the Uttarakhand State authorities on a plea challenging the demolition of a registered Waqf property, a Dargah located in Banbhoolpura, Haldwani, despite a prior assurance by the Centre that no religious structures would be removed without due process.
The matter was listed before a Bench comprising Justices B.R. Gavai and Sandeep Mehta, which sought responses within 2 weeks.
Petition Alleges Violation of Undertaking
The petition was filed by a religious trust managing the Dargah, which claimed that the structure—registered with the Waqf Board—was razed on April 19, just two days after the Union Government gave an undertaking before the Supreme Court on April 17 that no religious place would be demolished in the course of the anti-encroachment drive without following proper legal procedures.
Senior Advocate Kapil Sibal, appearing for the petitioner, argued that the action violated both the Centre’s assurance and the principles of natural justice, as no notice was served to the Dargah authorities prior to the demolition.
Centre Had Previously Assured Status Quo
On April 17, during an earlier hearing in a separate case relating to demolition drives in Haldwani, Solicitor General Tushar Mehta had informed the Court that religious structures would not be touched without proper process, and action would only be taken against unauthorized constructions following legal procedures.
The current plea asserts that despite this representation, the Dargah, which was a registered Waqf property, was demolished by local authorities without issuing a show cause notice or providing an opportunity to be heard.
SC Seeks Response From Authorities
Taking note of the submissions, the apex court has issued notice and directed the Centre and the State of Uttarakhand to file counter-affidavits in two weeks. The Court also recorded that the alleged demolition could raise serious questions of religious rights and procedural violations under Articles 14, 21, and 25 of the Constitution.
The case will be taken up after the filing of responses.
Background Case
The Banbhoolpura area of Haldwani has seen heightened tensions following a series of demolitions earlier this year, which triggered clashes and concerns about the rights of minorities and marginalised communities during enforcement actions. Several civil society groups have raised alarms over the targeting of religious sites without transparency.
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