[Illegal Religious Encroachments On Public Land] J&K HC Directs The Authority To Obtain Report From Deputy Commissioners Within 6 Weeks [Read Order]

The Division Bench of the Chief Justice Gita Mittal and Justice Puneet Gupta was hearing a matter which was concerned with illegal religious structures which come up by way of encroachment on public land i.e. public streets, public parks and public places.

Notably, this matter had engaged the attention of the Supreme Court in SLP (C) No. 8519/2006 titled Union of India v. The State of Gujarat and others, wherein, several orders with respect to the removal of illegal religious structures which have come up by way of encroachments on public land were passed on 31.01.2018.

In the matter before the Apex Court, the applicant had sought implementation of the directions passed by the Court from time to time in respect of removal of illegal religious structures coming up by encroachment on public land.

The High Court in the present matter observed,

"It appears that Chief Secretaries of the States and Administrators of the Union Territories were directed to review the aforesaid encroachments on the case to case basis and take appropriate steps as expeditiously as possible."

Consequently, the High Court directed that the report shall be obtained by the Divisional Commissioner, Jammu, Kashmir and Ladakh under the following head:

(a) Location of the encroachment;

(b) Area encroached;

(c) Details of the encroacher.

The Court further ordered,

"The above information shall be complied within six weeks from today. The information shall be placed before the Chief Secretaries of the Union Territory of Jammu and Kashmir and Ladakh, who shall cause the matter to be considered by all the concerned and competent authorities and a policy decision taken." (emphasis supplied)

Also, the Court took note of the fact that a separate PIL may have been registered in the Jammu Wing of the Court with regard to encroachment of religious structures in Jammu province.

The Registrar General has been directed to consolidate the PIL which may have been registered in the Jammu Wing for hearing with the present PIL.

As per the directions of the Court, both the Public Interest Litigation petitions will be listed on 09th of November, 2020 and shall be heard together through video conferencing.

Case Details:

Case Title: In Re Suo Moto Proceedings v. State of J&K and others

Case No.: WP (C) PIL No. 01/2019

Quorum: Chief Justice Gita Mittal and Justice Puneet Gupta

Appearance: ASGI T. M. Shamsi & Sr. AAG B. A. Dar

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[Read Order]