Delhi HC Orders Removal Of Illegally Constructed Temple On Public Land, Placement Of Idols In Nearby Temple To Maintain Their Sanctity

The Delhi High Court on Monday directed the Delhi Government to remove a temple, alleged to beillegally constructed on a public land in city's Defence Colony area, within a period of ten days. 

Justice Rekha Palli was hearing a plea moved by one Viraht Saini being aggrieved by the alleged encroachment present in front of his private property, thereby seeking its removal. The plea stated that during the Covid-19 pandemic, the structure was illegally constructed on a footpath, being a public land, present in front of his private property.

The Court allowed the petition by directing the Delhi Police to remove the said encroachment and also directed the PWD department to render the necessary assistance.

"However since some unclaimed idols and pictures are lying on the spot, the SHO will ensure that the said idols and pictures are placed on a nearby temple so that the sanctity of these idols are maintained. Needful be done within 10 days," the Court ordered.

It was the case of the petitioner that the aforesaid structure not only amounted to encroachment but was also causing nuisance by allowing congregations of various elements indulging in unlawful activities which posed a security hazard not only to the petitioner but also to the public at large.

In October this year, the Court was apprised by the Delhi Government that no demolition of a religious structure, no matter how small, could take place without obtaining prior approval of the Religious Committee, constituted under the orders of the Lieutenant Governor.

Senior Advocate PV Kapur appearing for the petitioner had submitted before the Court that in light of the orders passed by the Supreme Court, no encroachment could be permitted on public land.

He further submitted that the respondents had themselves assured the High Court on 29 September 2021 that they were conscious of their duty and will be taking immediate steps to demolish the unauthorised structure.

On the other hand, Additional Standing Counsel Anupam Shrivastava appearing for the Delhi Government had prayed for time to send the proposal of demolition of the structure in question to the religious committee.

The Court was of the view that the circular dated 18 February 1991 issued was only to ensure that the orders for demolition of religious structures on public land are not directly rooted to the Lieutenant Governor.

"The said order however nowhere say that no demolition should take place even if the same is contrary to an order passed by a competent court of law. In the present case, once the Apex Court had itself had way back in 2009 directed that no such unauthorised construction would be permitted by any State or UT in the name of temples etc., the respondents cannot be permitted to take shelter of the plea that the matter still needs to be sent to the religious committee. Moreover from the report filed by the respondents themselves it appears that the subject encroachment is not really being used as a religious structure as neither one has been offering prayers on the site nor is any priest present," the Court observed.

Taking on record the inspection report submitted by the concerned SHO showing that the encroachment was not being used for any religious purposes, the Court said:

"I see no reason as to why the encroachment should be permitted to continue any further. As already noted herein above, the note issued by the LG cannot be read out of context and same was only issued to avoid a situation where LG would pass orders of removal of unauthorised religious structures without taking into consideration of all relevant factors for which purpose the four members committee was constituted. Even otherwise, when the SC has already directed that no unauthorised construction would be permitted, there is no reason as to why the respondent should not expeditiously remove the encroachment so that the same is not misused or remove the encroachment."

Accordingly, the plea was disposed of.

Case Title: SH. VIRAHT SAHNI THROUGH HIS POWER OF ATTORNEY HOLDER & ANR. v. GOVERNMENT OF NCT OF DELHI & ANR.