Gorakhpur: The Kushinagar district administration demolished a part of the Madni Masjid in Hata on February 9, alleging illegal occupation and construction.
The demolition, which began at 10 am, using seven JCBs and two Pokland machines, continued until late in the evening. The bulldozer action left significant cracks on all walls of the mosque, putting the surviving structure at risk of collapse.
The local administration has described its actions as the ‘peaceful demolition of the illegal portion of the mosque.’
Cracks in masjid walls. Photo: Manoj Singh/The Wire
The chief administrator of Madni Masjid, Haji Hamid Khan, characterised the administration’s actions as one-sided, asserting that the mosque has been destroyed based on lies. He said that the mosque is situated on registered land and was constructed in accordance with the municipality’s approved plans and that a response was provided to the municipality’s notice.
He contended that this administrative action is in violation of the Supreme Court’s directives.
‘Demolition without due process’
People associated with the mosque have alleged that they did not receive any directives from the municipality regarding the removal of the ‘unauthorised’ construction.
They said that the administration unexpectedly arrived with a JCB machine. A notice was pasted on the wall, photographed, and subsequently removed. Prior to commencing the operation, the wires of the mosque’s CCTV camera were severed. After the completion of the action, a new CCTV camera was installed adjacent to the pole of the municipality office, they alleged.
Two weeks prior to the mosque’s demolition, on January 25, the municipality’s bulldozer took down the boundary wall that had been constructed 20 years ago. On that same day, the Hata police filed a First Information Report (FIR) against Saqir Ali, the secretary of the mosque committee, along with Jafar, Zakir, and others, citing violations of Sections 319 (2), 318 (4), 338, 336, 340 (2), and 329 (3) of the Bharatiya Nyay Sanhita (BNS), as well as Sections 2 and 3 of the Prevention of Damage to Public Property Act, 1984.
In this FIR, members of the mosque committee have been accused of preparing forged documents, illegally occupying land and erecting shops, residences and commercial structures for criminal purposes, all while disregarding official directives.
The FIR further states,”…various sources indicate these individuals are allegedly participating in activities deemed anti-national and are attempting to convert individuals of different faiths within the Madni Masjid by luring them. The construction of the aforementioned mosque is purportedly being carried out to achieve these aims. Given these circumstances, and in an effort to mislead other unidentified individuals, valuable security documents are being fabricated and presented as authentic, while a religious structure, the Madni Masjid, has been established through illegal occupation. Encroachment activities are reportedly going on. There is significant public outrage regarding these actions and the community harbours suspicions concerning the funding for the construction and if it is being provided by anti-national entities.”
Mosque built between 1999-2002
Madni Masjid is located close to Karamha Tiraha in ward number 21 of Hata municipality. In 1988, Haji Hamid Khan, a local resident, purchased 29 decimal of land in Gata number 208, adjacent to Karamha Tiraha, in the names of his wife, Azeematun Nisa, and his son, Zakir Ali. Following the approval of the construction plan by the municipality, he commenced building the mosque. The construction plan for Madni Masjid received official approval from the municipality on September 25, 1999.
However, concerns emerged regarding the mosque as its construction began. On April 18, 2000, the municipality revoked the approved plans. In response, the mosque’s administrators filed a petition with the high court. Subsequently, on April 12, 2006, the Allahabad high court annulled the municipality’s order from April 18, 2000.
Madni Masjid after bulldozer action. Photo: Manoj Singh/The Wire
The mosque administrators have stated that the construction of the mosque was finalised between 1999 and 2002 in accordance with the approved plans. No additional construction activities were undertaken since then, nor was there any encroachment on adjacent land.
The mosque is situated behind the municipality office. Additionally, there is an area of land in Gata number 201 designated for a cattle shed, the local populace, and a police station.
During the mosque’s construction, the municipality established a boundary wall to protect the land from potential disputes.
Subsequently, the Masjid Committee used this boundary wall to erect a tin shed, which served as a washroom.
BJP leader’s involvement
The conflict arose when Bharatiya Janata Party (BJP) leader Ram Bachan Singh complained about the expansion of the mosque, alleging that it was encroaching on Nagar Palika land. Furthermore, he claimed that the construction of the mosque was being carried out in violation of the approved plan.
According to Singh, he has been complaining about the encroachment of the Nagar Panchayat land by the Masjid Committee for two decades, but no action was taken. He claims that the municipality’s wall has been damaged, leading to encroachment on its land, where a tin shed has since been erected.
Singh stated that he travelled to Lucknow on December 17 to discuss the illegal construction activities being undertaken by the mosque committee with chief minister Yogi Adityanath. When he was unable to secure an appointment with Adityanath, he submitted a complaint letter to all six BJP MLAs from Kushinagar district, including Hata. In response, these MLAs met with the chief minister. Following this meeting, Adityanath directed the district magistrate (DM) to take action.
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Singh has been affiliated with the Vishwa Hindu Parishad (VHP) and claims that he played an active role in the Ram Janmabhoomi movement. Following the completion of the Ram temple, he got involved with the BJP. He ran as an independent candidate in the last Nagar Palika president election, as the BJP did not provide him with a ticket. In that election, the candidate from the Samajwadi Party, Ramanand Singh, emerged victorious and assumed the position of Nagar Palika president.
Municipal president Ramanand Singh has refrained from commenting on this matter. He was also absent from the SP delegation that arrived in Hata to review the site after demolition.
Notices sent to the mosque managers
After the matter reached Adityanath, the Kushinagar district administration became highly active in December 2024 in response to the allegations. On December 18, 2024, Hata sub-divisional magistrate conducted a comprehensive measurement of land and submitted a report to the district administration. Acting on the DM’s orders, the revenue department also compiled its own report.
Following the measurement, the tin shed was taken down by the mosque authorities. Representatives from the mosque assert that the measurement revealed no encroachment. Instead, it was found that Madni Masjid had one decimal less than its allotted 29 decimals of land.
On December 21, 2024, and again on January 8 this year, Meenu Singh, the executive officer of Hata Nagar Palika, issued notices to mosque managers Azeematun Nisa and Zakir Ali. The notices accused them of unlawfully constructing a four-storey mosque and underground rooms adjacent to the stairs. The notice referenced an inspection report from a junior engineer dated December 21, 2024, which stated, “You are engaged in the illegal construction of a four-storey mosque and underground rooms on both sides beneath the stairs located behind the body office in Ward No. 21, Gandhinagar. Despite requests, you have failed to provide the construction plans and other essential documents, which constitutes a violation of regulations. This office has previously instructed you multiple times to submit the required records and cease construction activities; however, the unauthorised construction has continued unabated, and the requested documentation has not been provided.”
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The notice adds, “Upon receipt of this communication, you are required to immediately cease all construction activities. Furthermore, you must submit the necessary documentation, including proof of ownership and the approved map related to the construction, to the undersigned office by January 7, 2025, for a hearing. You are also expected to provide an explanation as to why legal action should not be initiated against your on-going construction, in accordance with the relevant regulations. Should you fail to submit the requested documents and evidence in a timely manner, or if you do not attend the hearing to present your case, legal proceedings will be initiated under sections 185 and 186 of the Municipality Act of 1916, for which you will bear full responsibility.”
High court stays demolition in January
The mosque’s representatives, concerned about the administration’s stance, sought intervention from the high court. Petitioner Azeematun Nisa stated in the court that the mosque was built in accordance with the sanctioned plan; however, a notice had been issued following complaints from certain individuals. “There is apprehension that the mosque may be demolished without due consideration of their response and the documentation that the petitioners intend to provide,” the petition said.
The high court, while disposing of the petition on January 8, instructed the petitioner to submit a response to the relevant respondent within ten days. “The municipality’s objection, submitted within the designated time frame, will be reviewed, and a determination will be made within two weeks. Subsequently, the petitioner’s objection will be subject to the decision reached by the respondents after their review. There will be no demolition activities for a duration of three weeks following the submission of the objection,” read the order.
The representatives of the mosque assert that following the directive from the high court, they submitted their complete position to the executive officer in response to both notices issued by the municipality on January 16. All relevant documents were provided, including a copy of the high court order.
In their response, Madni Masjid’s representatives stated that they have not engaged in any encroachment, emphasising that the construction was in accordance with the approved map and that no new construction activities had occurred.
The mosque representatives have responded to the claim regarding the construction of four floors within the mosque structure, asserting that only two roofs have been constructed in accordance with the approved plans. The perception of four floors from an external viewpoint is attributed to the vertical installation of three windows in the outer walls, which is a result of the building’s considerable height. However, the actual configuration of the mosque consists solely of two roofs. Besides, the assertion that underground rooms are being constructed on either side beneath the stairs is entirely unfounded.
Madni Masjid. Photo: Manoj Singh/The Wire
‘Were waiting for municipality’s response when bulldozers arrived’
Advocate Salman Khan, representing the mosque committee, stated that he was awaiting a response from the municipality when, on the morning of February 9, administrative personnel accompanied by a heavy police force arrived at the mosque with JCB machinery and commenced its demolition. The vicinity surrounding the mosque was cordoned off, preventing anyone from entering or exiting, and all nearby shops were closed. By evening, the mosque had been demolished using seven JCBs. “As the advocate for the mosque committee, I managed to reach the location and sought clarification regarding the order authorising the demolition; however, no officials provided any answers.
He further said, “The administration intentionally selected Sunday for the operation to prevent us from obtaining judicial relief. In accordance with the high court’s directive, following the submission of our response to the municipality, I should have been notified of any actions the municipality intended to undertake, and I should have been afforded the opportunity to present my case and appeal. However, the administration proceeded to demolish the mosque, disregarding all established procedures.”
Following the mosque’s demolition, an 18-member delegation from the Samajwadi Party arrived at the Legislative Council on February 11, led by the Leader of the Opposition Lal Bihari Yadav. Yadav accused the government and administration of demolishing the mosque with the deliberate aim of inciting riots.
State Congress president Ajay Rai, along with former president Ajay Kumar Lallu, outgoing state vice-president Vishwavijay Singh, and several other leaders, visited Hata on February 10, 11, and 12 to engage with local residents. Rai stated that the administration unlawfully demolished the Madni Masjid. He expressed concern over the government’s disregard for the judiciary’s repeated admonitions regarding bulldozer action and asked if the government regards itself as superior to the courts.
District administration’s response
The district administration provided its perspective on the entire situation for the first time on February 11. In a press release issued by the information department, DM Vishal Bhardwaj said that the map for Madni Masjid received approval from the Municipal Council of Hata on September 25, 1999. The sanctioned map granted permission for the mosque’s construction on Gata number-208, covering an area of 7,080.50 square feet.
Upon receiving a complaint concerning unlawful construction by the mosque, the Municipal Council of Hata issued a notice on December 21, 2024, requesting the mosque to present its position regarding the alleged illegal construction. In response, Zakir Ali requested an extension to provide his reply. In the interest of justice, additional time was granted, and a subsequent notice was issued to the management of Madni Masjid on January 8, 2025.
In response to the notices, Mrs. Azeematun Nisha, the wife of Haji Hamid Ali, along with others, submitted writ petition number 127/2025 to the high court. The petition adhered to the timeline and procedures outlined in the order issued by the high court on January 8, 2025, allowing the mosque management ample opportunity to present counter-evidence. Following the submission of a written response and a personal hearing conducted on January 16, 2025, the executive officer of the Municipal Council, Hata, determined that the additional construction of 6,555 square feet, which exceeded the approved plans, was illegal.
Consequently, on January 23, 2025, an order was issued for the removal of the illegal structure within a 15-day period. When the mosque management failed to comply with the removal order, the Nagar Palika Parishad, Hata, proceeded to demolish the unauthorised section of the mosque in a peaceful manner on February 9, 2025.
There has been a sequence of visits by politicians, accompanied by various allegations and counter-allegations circulating on social media concerning this incident. On February 11, the Hata Police filed an FIR against the former handle of the Samajwadi Party Media Cell, invoking Section 353 (2), 196 (1) of the BNS, as well as Section 67 of the Information Technology Amendment Act, 2008. The accusations include inciting anarchy, disrupting communal harmony and fostering societal division through its remarks related to the Madni Masjid case.
This article has been translated from the Hindi original by Naushin Rehman.
