The Allahabad High Court has sought a detailed explanation from the Uttar Pradesh government regarding the legality of sealing a place of worship without providing the property owners a prior notice or an opportunity to be heard.
A division bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan issued the order on March 18 while hearing a writ petition filed by Ahsan Ali. The petitioner moved the court against the recent sealing of a mosque in Muzaffarnagar by local authorities, alleging that the action was taken arbitrarily and in violation of the principles of natural justice.
The High Court has directed the state government to file an affidavit addressing specific queries regarding the exercise of its power. Central to the case is whether the state possesses the legal authority to seal a place of worship that is under construction without following due process.
“Whether there existed any authority under law to seal a place of worship under construction without issuance of prior notice or affording an opportunity of hearing to the petitioner,” the court noted in its order.
Furthermore, the bench has asked the state to clarify whether prior permission is mandatory for landowners to undertake construction or related activities within the premises of a place of worship.
The petitioner, Ahsan Ali, submitted before the court that he is the lawful owner of the land in question. According to the petition, he purchased the plot from one Praveen Kumar Jain in 2019 through a duly registered sale deed.
The dispute arose after authorities recently moved to seal the mosque constructed on the site. The action was reportedly initiated as the owners began raising a boundary wall around the structure. Local authorities justified the sealing on the grounds that the construction was “illegal” and that no prior permission had been obtained from the competent departments.
Counsel for the petitioner argued that the sealing was carried out without any prior communication. He emphasized that no notice was served, nor was any hearing granted to the owner to explain the status of the construction before the premises were shut down.
In response to these submissions, the High Court has asked the state to apprise it of the specific laws under which the sealing was conducted. The state’s response is expected to clarify the regulatory framework governing the construction of religious structures on private land in Uttar Pradesh.
