Development authority gives court assurance; next hearing fixed for September 28
The Moradabad Development Authority (MDA) on September 24 informed a Division Bench of the Allahabad High Court that it would not proceed with any demolition of the Mustafa Mosque in the Pakbara area of Moradabad until a formal demolition order is issued by a competent authority. The statement was made while the bench heard a petition challenging a show-cause notice dated 21 August 2026.
The petition was filed by Zeeshan Ahmad Farid on behalf of the mosque. The matter was placed before a Division Bench comprising Justice Siddharth Varma and Justice Kunal Ravi Singh. Legal assistance to the mosque's management committee has been provided by Jamiat Ulama-i-Hind under the direction of its president, Maulana Mahmood Asad Madani, the court record shows.
- Petition challenges the validity and contents of the 21 August show-cause notice.
- Counsel for the mosque argued inadequate time was provided to reply to the notice.
- MDA told the court it would not demolish without a formal order; matter listed for further hearing on 28 September.
Senior Advocate Shashi Nandan and Advocate-on-Record Aditya Parihar appeared for the mosque. They submitted that the show-cause notice dated 21.8.2026 fixed the deadline for a reply as 3.9.2026, which, they argued, did not allow the statutory or reasonable time for preparing a response. The petition also contends that the notice lacks a clear description of the land proposed for demolition, leaving the precise area to be affected undefined.
"No demolition will take place unless any demolition order is passed," the MDA told the court.
Senior Advocate M. C. Chaturvedi represented the MDA. He sought one week’s time to obtain instructions and assured the bench that the authority would not undertake demolition action without a formal order. The bench recorded the assurance and listed the matter for further hearing on September 28.
Legal issues before the bench
The petition raises procedural and substantive questions regarding the issuance and contents of the show-cause notice. According to the petitioners' arguments recorded in court, the specific points include:
- The alleged short window between the date of the notice and the date fixed for reply, which petitioners say curtailed their opportunity to prepare a substantive response.
- An asserted lack of precise identification of the area targeted by the notice, complicating the ability to contest any proposed demolition on factual grounds.
- Pending applications by the petitioner seeking inspection or production of certain documents before filing a reply.
The mosque's legal team told the court that an application had been filed seeking particular documents and information that they say are necessary to frame a proper reply to the notice. The MDA asked for time to obtain instructions on those submissions.
| Date | Event |
|---|---|
| 21 August 2026 | Show-cause notice issued to Mustafa Mosque (per petition) |
| 3 September 2026 | Date fixed for the mosque to file reply (contested by petitioner) |
| 24 September 2026 | MDA assured Allahabad High Court no demolition without a formal order |
| 28 September 2026 | Matter listed for further hearing |
The case has local sensitivity given the centrality of mosque properties to community life in Moradabad. Legal representatives and local leaders are likely to monitor the next hearing closely. The MDA’s undertaking before the High Court offers a temporary reprieve from immediate demolition, but the substantive dispute over the notice’s validity remains to be adjudicated.
Observers in Moradabad note that matters involving urban development authorities and places of worship often require careful judicial balancing of municipal regulations, property records and constitutional protections. The court’s further directions on the supply of documents and timelines for reply will shape the next phase of litigation.
The bench recorded the submissions and will take up the petition again on September 28, when further instructions are expected from the MDA and the petitioners' pending applications will be considered.
