Punjab & Haryana High Court Issues Notice On PIL Against Unauthorised Installation Of Statues At Public Places

The Punjab & Haryana High Court has issued notice on a Public Interest Litigation ("PIL") wherein a resident of Rohtak has sought the removal of unauthorised statues installed at public places in Haryana, in compliance with the Supreme Court judgment in Union of India vs State of Gujarat and Ors.

The plea also seeks removal of the statute of Srikrishan Das Goel (father of Manmohan Goel, Mayor Rohtak) installed near Sonepat stand circle, alleging the same to be constructed in violation of the Supreme Court’s said judgment.

Additional AG for Haryana accepted notice on behalf of the State and prayed for a short accommodation to seeks instructions and file a response in the matter. "He shall also clarify, as to who has borne the cost of the structure in question. And in the event, the said structure/statue is to be removed/demolished, who shall bear the cost?” a bench comprising Justice Arun Palli and Justice Jagmohan Bansal ordered.

BACKGROUND FACTS

In 2009, the Supreme Court in Union of India vs State of Gujarat and Ors., SLP (C) No. 8519/2006, had directed the State Governments to frame policies for taking action against unauthorized constructions by religious institutions on public land. The State of Haryana had formulated a policy in compliance with the judgment. In 2013, the Supreme Court directed the State Governments to not permit the installation of any statue or construction of structures on public roads, pavements, sideways and other public utilities. 

The PIL has been filed by one Mr. Devender Sharma ("Petitioner"), a resident of Rohtak, Haryana, who has prayed for directions to the State for the identification and removal of statues raised at public places in Haryana.

The Petitioner submitted that the former Chief Minister had installed a statue of his father in violation of the Supreme Court's directions. A plea was filed highlighting the issue and the High Court observed that "statues cannot be installed in public places."

In 2023, the State violated the Supreme Court’s order by giving permission to the Mayor of Rohtak for constructing a statue of his father.

The Petitioner argued that the statue of Srikrishna Das Goel installed by the Mayor of Rohtak has been causing "incessant inconvenience to the public and erection of the statue has led to permanent traffic snarls at the spot." The permission is in violation of the Supreme Court’s guideline issued in the Union of India v. State of Gujarat & Ors.

The High Court has issued notice to the State in the matter. The next date of hearing is 19.09.2023.  

Case Title: Devender Sharma v. State of Haryana & Ors.

Case No.: 111 CWP-PIL-67-2023

Counsel for Petitioner: Nikhil Ghai and Rishabh Singla.

Click here to read/Download the order