The Supreme Court has issued a notice to Uttarakhand Government officials in response to a contempt petition alleging the illegal demolition of a registered Waqf property. The petition claims that the demolition was carried out in violation of an undertaking given by the Union on April 17, stating that no Waqf's character or status would be altered until the next hearing of the Waqf Amendment Act challenge.
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The case was heard by a bench comprising Justices BR Gavai and AG Masih, who issued the notice after hearing Senior Advocate Kapil Sibal, representing the petitioner. The notice has been served to Anand Bardhan, Chief Secretary of Uttarakhand, Savin Bansal, District Magistrate of Dehradun, Pratyush Singh, City Magistrate of Dehradun, and Namami Bansal, Dehradun Municipal Commissioner.
The Union's assurance, delivered by Solicitor General Tushar Mehta on April 17, was clear:
"Till the next date of hearing, no Waqf, including a Waqf by user, whether declared by way of notification or by way of registration, shall be de-notified, nor will their character or status be changed."
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Despite this assurance, the petitioner alleges that Dargah Hazrat Kamal Shah in Uttarakhand, registered as a Waqf property since 1982 and notified in the official gazette in 1986, was demolished overnight on April 25-26, 2025. The demolition was reportedly carried out using bulldozers without prior notice, under the claim that the structure was an unauthorized construction.
The petitioner argues that the demolition was conducted following a frivolous complaint filed on the Chief Minister's portal. Media reports indicate that Uttarakhand Chief Minister Pushkar Singh Dhami announced an investigation into 5,700 registered Waqf properties in the state to identify unauthorized constructions.
Furthermore, the petitioner cites a November 2024 Supreme Court judgment on bulldozer actions, which mandates that no demolition should be carried out without prior notice, either as per local laws or within 15 days from the date of notice. This judgment emphasized that even individuals who do not contest the demolition should be given sufficient time to vacate.
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The petitioner contends that the demolished site, Dargah Hazrat Kamal Shah, has been a revered place of worship for over 150 years, and all documents proving its legal status are available. He argues that the state's actions show that the Union's assurances are not being honored by state authorities.
The petition seeks contempt action against the Uttarakhand Chief Secretary and other responsible officials, alleging willful disobedience of the Supreme Court's directives and the Union's undertaking regarding Waqf properties.
The petition has been filed through Advocate-on-Record (AoR) Fuzail Ahmad Ayyubi.
Case Title: MEHFOOZ AHMED Versus ANAND BARDHAN AND ORS., Diary No. 24261-2025
