'Follow Rule Of Law', High Court Directs Rohtak Municipal Corporation To Remove Statue Of Former Minister From Public Land

The Punjab & Haryana High Court has directed the Municipal Corporation of Haryana's Rohtak to follow the rule of law as per the Apex Court ruling whereby installation of statues on public lands has been prohibited.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a Public Interest Litigation (PIL) seeking removal of the statute of Sri Krishan Dass 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 judgment in Union of India Vs. State of Gujarat and others.

In 2009, the Supreme Court 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 was filed by one Devender Sharma, a resident of Rohtak, Haryana, through advocate Nikhil Ghai who prayed for directions to the State for the identification and removal of statues raised at public places in Haryana.

The Municipal Corporation, Rohtak justified the installation of statue of late Shri Krishan Dass Goel on the land and did not deny that it is on the public land.

During the proceeding, the Municipal Commissioner of Rohtak was apprised of the order passed by the Apex Court in Union of India Vs. State of Gujarat and others.

The bench noted that the direction prohibiting installation of statues on public lands have also been issued not only by the Apex Court but also by various High Courts for removal of such statues, if installed on public land.

"Accordingly, we direct respondent No.4 – Municipal Corporation, Rohtak, to follow the rule of law, as laid down by the Apex Court, and submit compliance report," it added.

Mr. Nikhil Ghai, Advocate, for the petitioner.

Mr. Deepak Balyan, Addl. Advocate General, Haryana.

Title: Devender Sharma v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 358

Click here to read/download the order