Allahabad HC Dismisses Plea Against Mosque Eviction in Bakshi-Ka-Talab, Lucknow

The Allahabad High Court has upheld an eviction order against a mosque constructed on gram sabha land in the Bakshi-Ka-Talab area of Lucknow, observing that the petitioners failed to establish any legal ownership or rights over the property. The court, however, provided partial relief by setting aside a monetary penalty imposed by local authorities.

The matter was heard by Justice Alok Mathur, who was adjudicating a plea filed by Shahban and others. The petitioners had challenged orders issued by district authorities that directed eviction from the land and imposed a penalty of ₹36,000, alleging unauthorised construction of a mosque on public land.

In its order dated March 25, the court stated that the petitioners were unable to demonstrate any valid title, ownership, or legal interest in the land in question. Emphasising the importance of lawful possession, the court held that occupation without legal backing cannot be protected under the law.

While affirming the eviction order, the court examined the imposition of the financial penalty separately. It found grounds to set aside the ₹36,000 fine, thereby granting limited relief to the petitioners, even as it upheld the primary action taken by the authorities regarding removal from the land.

The case pertains to land classified as gram sabha property, which is typically reserved for community use and managed by local administrative bodies. Authorities had earlier determined that the construction violated land use norms and initiated action in accordance with relevant regulations.

The ruling reinforces the principle that any construction on public land must be supported by valid legal documentation and approvals. It also highlights the judiciary’s approach of balancing enforcement of land laws with scrutiny of penalties imposed, ensuring that administrative actions remain within the bounds of legality.