High Court Seeks Delhi Police's Report Over Functioning Of Illegally Constructed Temple On Public Land In Defence Colony Area

The Delhi High Court on Tuesday directed the Delhi Police to submit a report regarding the functioning of an alleged illegally constructed temple on a public land in city's Defence Colony area.

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 directed the SHO of the local area to depute a police personnel to remain on the site for 24 hours and furnish a report before the next date of hearing, i.e., December 16. It hinted that the report may include aspects like details of visitors on the spot and collection of the offerings.

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.

Today, the Court quizzed Additional Standing Counsel Anupam Shrivastava appearing for the Delhi Government as to how the structure could be called as a religious structure. To this, Shrivastava apprised the Court that various pictures and idols of Hindu Gods were placed at the said structure.

"These things are kept outside the house also. Will that make it a religious structure? There are two issues. First is your religious committee. If permission is needed from the religious committee, only then... But I don't prima facie find that two bricks being put on the road you need permission. That can't be the intent of LG's order," the Court responded.

The Court also pulled up the Additional SHO of the concerned area who was present in the hearing by remarking that it was because of his laxity that the situation had emerged.

"They will go to any house when they want and think they will get something.  Kitne din se hain ye construction yaha par? Aur kitni badi hain? (Since how many days is this structure here for? How big is it?)" Justice Palli said.

The officer apprised the Court that it was a small structure, situated on a small space at the road. He also told the Court that there was no specific date to ascertain when the structure first emerged. However, he added that new look was given to it by way of painting.

"Beat constable kya karte hain aapke? Koi bhi kisi ke niche kuch bhi laga lega? (What does Beat constable do? Can anyone erect a structure anywhere they want?)," the Judge remarked orally.

The Court took note of the submission made by Shrivastava that since the religious committee had till date not given a clearance for demolition of structure, it was not in a position to carry out the process. 

On the other hand, Senior Advocate PV Kapur appearing for the petitioner submitted before the Court that in light of the order passed by the Supreme Court on 29 September 2009 which was followed by an order dated 31 January 2018, no encroachment could be permitted on the public land.

He also submitted that the orders passed by the Apex Court to ensure that no encroachment takes place on public land could not be scuttled away by circular issued by the LG.

"Keeping in view the submissions of the parties, I find that there is no clarity as to whether the religious committee purportedly constituted under the orders of the LG is required to examine the encroachments of such miniscule nature also and merely because certain idols are placed on the spot," the Court said.

The Court also found merit in Kapur's submissions that once the Delhi Government had undertaken that the steps were being taken to demolish the structure, they could not thereafter state that it was awaiting approval of religious committee.

The matter will now be considered on December 16.

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