The Uttar Pradesh government on Tuesday informed the Allahabad High Court that it has ceased the ongoing demolition drive at the historic Hazrat Syed Hashim Shah alias Lakkad Shah Mazar and three other religious sites located in the Murtiha Range forest of the Katarniaghat Wildlife Division in Bahraich. The state further assured the court that no coercive action will be taken for the next four weeks.
The assurance was made before a division bench comprising Justice Saurabh Lavania and Justice Syed Qamar Hasan Rizvi, during the hearing of a writ petition [Waqf No. 108 of District Bahraich] filed by the Dargah management, challenging the demolition of the religious structures.
Background of the Dispute
The controversy arose after the Forest Department initiated a demolition drive against four mazars situated within the protected forest area, terming them as encroachments. Among them was the Lakkad Shah Mazar, a site where the Urs festival has reportedly been observed since the 16th century.
According to the petitioner, the dargah was demolished on the night of June 8 by the Forest Department using bulldozers, despite the presence of devotees. The petitioner also contended that the action was taken swiftly after an order dated June 5, 2025, passed by the Divisional Forest Officer under the Indian Forest Act, 1927.
Arguments and Submissions
The state government argued that the petitioner had an alternative remedy under Section 61(B)(4) of the Indian Forest Act, 1927, which allows for an appeal against such orders before the Appellate Authority. It was also submitted that the demolition, which began on June 9, has since been stopped, and no further coercive measures will be taken for the next four weeks.
On this basis, the court disposed of the writ petition while allowing the petitioner the liberty to approach the Appellate Authority.
Court’s Directions
The bench directed that status quo be maintained and clarified that the rights of the parties must be preserved during the pendency of any appeal or revision. The court also made a significant reference to the Supreme Court’s ruling in In Re: Directions in the matter of Demolition of Structures v. and Ors., Writ Petition (Civil) No. 295 of 2022 [2024 LiveLaw (SC) 884].
Specifically, the court drew attention to paragraphs 94.9 to 97 of the Supreme Court judgment. Notably, paragraph 97 provides that if any demolition is found to be in violation of Supreme Court orders, the responsible officers may be personally liable to restore the demolished property and pay damages.
Legal Representation
Advocates Sayyed Farooq Ahmad, Akram Azad, and Shujat Kidwai represented the petitioners in the matter.
