Prayagraj: The High Court of Allahabad on Tuesday direct the Government of Uttar Pradesh to remove, within three days, all encroachment including graves, mazars or mosques built or made in the Taman Chandrashekhar Azad area in Prayagraj, formerly known as Alfred Park.
In addition, the court, while referring to the decision of the APEX court in the case of Allahabad Ladies Club versus Jitendra Nath Singh and others (2007) 11 SCC 609, directed the authority that all illegal encroachment in the park that appeared after 1975 must be destroyed.
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Hearing the pill was submitted by Jitendra Singh Visen and others, a division bench consisting of the acting Chairman of Munishwar Nath Bhandari and the justice Piyush Agrawal was directed at registering this pill on October 8 2021 as fresh for further arguments that allowed government authorities to produce reports to release all encroachment After noting the assessment and direction of the APEX court in the case of Allahabad Ladies Club (Supra) and others.
In the case of Allahabad Ladies Club, The Apex Court has considered various provisions of the Uttar Pradesh park, the playground and open space (preservation and regulations) ACT, 1975 and said, “There is no park, playground or space except with previously predetermined authority sanctions Used for any purpose other than the objectives used on the immediate date before the start of the Act.
“This clearly means that if at the start of the Act, playground, or open space is being used for certain purposes, the same can continue, however, Further ‘illegal’ encroachment can be allowed to continue according to per.
Section 6, 7 and 8 of the action.
In pills, the applicants alleged that over the past few years, members of the Muslim community in the way they used to capture land for religious purposes they tried to build a mosque in the parking area and some artificial mazars (graves) had been made in the fundamentalist example and patronage of waqf board.
It also argues that the government or the welfare board has never issued public notices to register a portion of the park as a waqf property.
It is suspected that the building that was illegally submitted was being tried to convert into a mosque.
The more allegations that the council of the waqf without issuing notices and provide the opportunity to hear to community members and people affected by the way Celandine states the land area of ​​the park as a waqf property and it does not give the right or is the title to everyone in pursuing illegal registration.
The High Court passed this direction on October 5 that came to the center of attention on October 6.