458 Notices Issued Against Unauthorized Religious Structures On Public Roads: State Tells Gujarat High Court

The Gujarat High Court on Tuesday (February 11) asked the State to collect and report on the decisions taken by the committees constituted in municipal corporations and districts over the last quarter, in respect of removal/rehabilitation/regularization of unauthorized religious structures found in public places.

The court said this after taking note of an April 2024 circular issued by the government on the constitution of committees by Municipal Commissioners and District Collectors at the level of each corporation and districts, listing the various duties and powers in respect of removal of unauthorized religious structures. 

The court was hearing a 2006 plea concerning unauthorized constructions and encroachments in the state.

A division bench of the Chief Justice Sunita Agarwal and Justice Pranav Trivedi in its order dictated, “Along with the affidavit of the home secretary, Home Department, Government of Gujarat dated 11.02.2025, it is sought to be brought on record that in terms of the guidelines date 19.04.2024 issued by the State Government in order to implement the directions contained in the judgements and order dated 29.09.2009 passed by the Apex Court, in Union of India vs State of Gujarat (Special Leave to Appeal No. 8519 of 2006), committees have been constituted by the Municipal Commissioners and District Collector at the level of each corporation and Districts, apart from appointment of Nodal Officers.

It is contended that effective steps have been taken for the implementation of the said guidelines and 458 notices have been issued on the occupants of unauthorized religious structures on public streets, parks and other public places. 2,067 notices have been published in the local newspapers so as to spread awareness amongst the public at large and meetings have been held with local religious head, sensitizing them, in order to promote removal of unauthorized religious structures from public places.”

The Advocate General submitted that to effectively and speedily comply with the Supreme Court's direction, the state had issued guidelines wherein committees are constituted, the review will be taken by the Home Department every quarterly regarding the implementation of the guidelines. 

The State submitted that though removal or regularization or relocation of the unauthorized religious structures "is a sensitive issue" but is being taken up in as a "continuous and ongoing process".

The court thereafter said,"Taking note of the above, we may record that the government resolution dated 19.04.2024 mandates the Committees constituted by the municipal commissioner and the district collector to report compliance of the order of the Apex Court to their respective departments. The Nodal Officers are to be appointed by the municipal Commissioners and District collectors so as to provide all requisite and necessary detailed data to the committee".

With respect to the powers and functions of the committee, the court noted that the committee is empowered to review the status of all illegal structures, and to take steps with reference to either removal or rehabilitation or regularization of all such illegal structures of religious nature which are on public streets, public parks or other public places.

It noted that the committee is also required to update the data collected with regard to such structures; ensure that no new illegal structure of religious nature is put up on public streets, public parks and other public places. They are also required to take strict actions including filing of criminal complaint under the provisions of the land grabbing act against persons responsible for putting up such illegal constructions, it further noted.

It noted that the committee has to submit the updated status as well as steps taken by it to their respective Departments. It also noted that for any unauthorized religious encroachment on state government land, the Collector will have to take necessary action and revenue department will have to review it. The concerned Commissioner of Police/Superintendent of police is also required to provide necessary police force to maintain law and order on priority basis when demolition operation is being taken to remove such unauthorised religious structures by the concerned authority. 

It thereafter directed, "Taking note of the government resolution dated 19.04.2024, we require the Principal Secretary, Home Department, Government of Gujarat to collect the data of functioning of the committees constituted at the level of the Municipal Corporation and District Collector. The data of the decisions taken by the committee for the last quarter i.e., 3 months prior to the date shall be placed before the Court on the next date fixed, after the evaluation of the said data by the Principal Secretary, Home Department himself”. 

The Court then fixed the matter on March 4. 

Case Title: The Times of India (Suo-Motu) vs The State of Gujarat & Ors.

Case Number: SCA/9686 of 2006