The Gorakhpur Development Authority (GDA) has ordered the demolition of a mosque in Mewatipur area of Gorakhpur city, citing that it was constructed without the necessary map approval. In an order dated February 15, the GDA instructed Shuaib Ahmed, the mosque representative, to carry out the demolition within a period of 15 days.
Describing the mosque as an illegal structure, the order further stated that should he fail to comply, the GDA would proceed with the demolition and subsequently recover the costs incurred in the process.
The same day, GDA pasted a copy of the demolition order on the mosque. In response, Shuaib Ahmed has submitted an appeal against the order to the chairman commissioner of the authority.
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The mosque was constructed just a year ago. An ancient mosque which previously stood in proximity to the current structure was demolished by the Gorakhpur Municipal Corporation on January 25, 2024, alongside numerous houses and shops in the vicinity.
Subsequently, following a mutual agreement between the municipal corporation and representatives of the mosque, the corporation allocated a plot of land measuring 24 x 26 feet, which is the site of the new mosque, which is standing now, soon to be demolished.
The mosque’s caretaker, or the Mutawalli, was Suhail Ahmed, who passed away last year. Following his death, his son, Shuaib Ahmed, has taken over the responsibilities of managing the mosque.
The old mosque was called Abu Hurera in Mewatipur, he said, located near Ghosh Company Chowk. Around the mosque, there was an old stable and garage. In 1963, a legal case – Sheikh Phunna vs. Municipal Board – was filed in the civil court.
Four years later, on April 19, 1967, a settlement was reached between Sheikh Phunna and the municipal board, stipulating that there would be no interference with the mosque. This settlement was subsequently ratified by the civil court on April 26, 1967.
In January last year, the municipal corporation claimed its right over the mosque and the surrounding land and proceeded to demolish 16 houses and 31 shops situated on approximately 46 decimals of land around the mosque. The corporation is now engaged in the construction of a multi-level parking facility and complex at the site.
He said that the old mosque was demolished in the dead of the night, in violation of the civil court order. When Shuaib’s father reported this incident to the corporation, it acknowledged its error and during its sixth meeting, on February 27, 2024, passed a resolution to allocate the new plot at the south-west corner.
Under Suhail Ahmed’s supervision and with community support, the ground, first and second floors of the new mosque were constructed, where prayers are regularly held.
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Shuaib stated that his attorney, Jai Prakash Narayan Srivastava, has submitted an appeal to the chairman/commissioner of the authority regarding the demolition order. The hearing was scheduled for February 18; however, it did not take place on that date. The next hearing has now been scheduled for February 25.
Twist in the matter
The new mosque was met with its first notice on May 16, 2024, sent by the GDA to Suhail Ahmed. The notice indicated that, in accordance with Sections 14 and 15 of the Uttar Pradesh Town Planning and Development Act of 1973, the construction of the ground floor was carried out without permission from the authority and without an approved plan. This is when the work on the shuttering of the second floor was in progress.
In the latest demolition order, GDA stated that during a site inspection conducted by the Regional Sub Engineer, it was observed that the ground and first floors were being constructed within a 60 sq.m. area at the same time as work on the shuttering for the second floor was ongoing.
No approved construction plans were presented. The regional sub engineer submitted a challan to the presiding officer on May 15, 2024, in accordance with the relevant provisions of the U.P. Town Planning and Development Act of 1973. Taking cognizance, case number GRDA/ANI/2024/0001624 was registered against the mosque construction, and a show cause notice was issued to the builder, granting him the opportunity to present his defense by appearing at the office on May 30, 2024.
The notice, issued in Hindi, read as follows:
“The party Shuaib Ahmed failed to appear on the scheduled date. Consequently, a subsequent notice was issued for a re-hearing, fixing the dates 04.02.2025 and 15.02.2025. However, the party showed no interest in presenting his case regarding the construction. He neither attended the hearing nor submitted the approved plans or documentation pertaining to the unauthorized construction. This lack of response clearly demonstrates that the challan report prepared by the regional junior engineer indicates illegal construction. Given the absence of an approved construction plan, the construction is deemed illegal, and the issuance of a demolition order is justified under the regulations. Therefore, based on the aforementioned points, a demolition order is issued in accordance with the report from the regional junior engineer. Mr. Shuaib Ahmed is hereby instructed to demolish the illegal construction within 15 days of this order. Should he fail to comply within the specified timeframe, the authority will proceed with the demolition, and the costs incurred will be recovered from Mr. Shuaib Ahmed as land revenue.”
As opposed to the GDA notice that indicates that Suhail Ahmed failed to attend the hearing on 16 May, 2024, as well as subsequent dates on February 4 and February 15 this year, and that he did not submit the approved map and records, the representatives of the mosque assert that they have responded to every notice received.
Shuaib Ahmed said that his father, Suhail Ahmed, submitted a comprehensive response to the notice dated May 16, 2024 on June 9, 2024. Subsequently, the GDA requested the submission of a valid and accurate copy of the forms corresponding to the filed reply. Tragically, Suhail Ahmed passed away on July 12.
“On September 11, I provided the GDA with a copy of the civil court decree, my father’s death certificate, and the resolution adopted by the Municipal Corporation Board,” Shuaib said.
He received the notice dated February 5, 2025 on February 13. An objection was filed on February 14, along with a request for additional time to respond; however, without granting this request, the demolition order was issued the following day on February 15 he said.
Shueib Ahmed’s attorney, Jai Prakash Narayan Srivastava, asserted that the mosque’s land is not in dispute. The GDA has issued a demolition order citing the lack of a map; however, the urban development department’s directive from 2008 states that a map is not required for construction on plots measuring up to 100 square meters.
Shueib Ahmed stated that when his father inquired with the GDA about obtaining a map prior to constructing the mosque on the land allocated by the Municipal Corporation, he was also told that a map was not required for construction on such a small plot of land.
Outgoing state vice-president of Congress, Vishwa Vijay Singh, visited Mewatipur on February 20 and engaged with the mosque administrators. He asserted that the government and the administration of Gorakhpur are making decisions driven by hate politics. Singh contended that such actions by the government are aimed at creating societal divisions.
It now remains to be seen what decision the commissioner will render regarding the appeal from the mosque’s representatives. Similar actions on mosques have also been taken elsewhere in the state recently.
On February 9, Madni Masjid was razed in Hata, located in the adjacent Kushinagar district, over allegations of illegal occupation and construction, stating non-submission of the map. The Supreme Court issued a contempt notice to the district magistrate of Kushinagar on February 17 for contravening the apex court’s earlier ruling from November 2024 which prohibited the use of bulldozers for demolition purposes nationwide without prior notification.
This article has been translated from the Hindi original by Naushin Rehman.
