Court Declares Syed Mazaar in Itawa Illegal After Two-Month Hearing

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Ganpat Singh Chouhan

Court Declares Syed Mazaar in Itawa Illegal After Two-Month Hearing

Lucknow, April 18: A significant ruling has emerged from the court regarding the Syed Mazaar located in the Beehad area of Itawa, Uttar Pradesh. After a two-month hearing, the court has declared the mazar an illegal encroachment on reserved forest land, ordering its removal. The parties involved claimed the mazar is 800 years old but failed to present any substantial evidence to support this assertion. The order has been communicated to the opposing party, leading to discussions about potential bulldozer actions for its removal.

The authorized officer of the forest court clarified that the land in question is recorded as reserved forest area according to gazettes from 1916, 1939, and 1946. Therefore, any non-forestry activity on this land is deemed illegal. The investigation revealed that approximately 1,800 square feet of land around the mazar was occupied, which has been ordered for removal.

During the hearings, the mazar’s advocate, Fazle Ilahi, was given five opportunities to present documents related to land ownership. He claimed the mazar’s historical significance but could not provide any legal or historical proof to back his claims. Despite being given ample time, the lack of evidence led the court to issue an eviction order.

This action was taken under Section 20 of the Indian Forest Act of 1927. According to this provision, any non-forestry activity on reserved forest land requires high-level permission. This legal basis was used to declare the mazar illegal, and the legal process was completed under Section 61B.

The case began on January 23 when the forest department filed a demolition petition. Forest ranger Ashok Kumar Sharma presented the case. The first hearing took place on February 5, after which the parties requested multiple extensions. The court provided opportunities for document submission on February 16, February 20, March 23, and March 28, but no evidence was presented. Ultimately, the decision was announced on April 17.

According to SDO Vimal Kumar from the forest department, illegal construction was found on approximately 0.0281 hectares of land in the Badhpura range’s Fisher forest block. Following the investigation, the case was brought to court. The opposing party could not present any valid documents during the hearings, leading to the eviction order.

On Saturday afternoon, the forest department communicated the court’s order to Fazle Ilahi. Speculation is now rife in the area that bulldozer actions for the mazar’s removal may occur soon. However, the administration has yet to announce an official date for this action.

Locally, there is also discussion that the weak representation by the parties involved significantly contributed to this decision. The failure to present evidence despite numerous opportunities ultimately led to the mazar being declared illegal and the eviction order being issued.

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