HC restricts Rudrapur mazar dispute to debris removal, declines to stop NHAI possession

Dehradun: In a case concerning ownership rights over govt land, Uttarakhand high court (HC) ruled that the petition should address only the issue of removal of the debris of a mazar, while matters pertaining to land ownership rights should be pursued separately under provisions of the National Highways Act, 1956. The HC said the acquisition of the land under this Act was lawful and that no further relief would be granted to restrain the National Highways Authority of India (NHAI) from taking possession of the land.The dispute concerns a plot in Rampur, Rudrapur, in Udham Singh Nagar district, where it was claimed that a mazar of Masum Shah existed since 1941. It was stated that the mazar is officially recognised in the records of both the UP Sunni Central Board of Waqf and the Uttarakhand Waqf Board, though it is not entered in revenue records.NHAI's development plans designated this land for road construction. Citing a notification issued under a 2012 Act, the authorities asserted that the land fell under govt ownership.The HC noted that the appellants sought judicial intervention to prevent the dismantling or disturbance of the mazar, but they did not contest the initial land acquisition notices. A major point of contention arose regarding the land's ownership and its classification as Nazul land, which is govt-owned land over which the appellant claimed no legitimate title.During the proceedings, a single judge initially expanded the scope of the issue by contemplating alternate solutions such as removing and preserving the mazar debris at another site. This prompted objections and an appeal by the appellant, who argued that the core dispute was not resolved, particularly the claim over the land itself.Finally, the division bench of Chief Justice Manoj Gupta and Justice Subhash Upadhyay, on March 10, ruled that the writ petition should only address the handling of the mazar's debris, while issues of land ownership should be pursued separately as per the Act.