Karnataka High Court Asks Govt To Explain Steps Taken Against Unauthorized Construction Of Religious Places

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj said "We direct state government to place on record what preventive steps the state government has taken or it intends to taken in terms of directions of Apex court dated February 16, 2010, for ensuring that unauthorised construction is not carried out in the name of temple church/mosque, gurdwara etc on public places including the property vested with the state."

The court said "In fact on its plain reading the order passed by the apex court, applies to not only public streets and public parks but also other public places which will include land vesting in the state government and also agencies and instrumentalities of the state."

The Supreme Court by order dated 29.09.2009 has required that no unauthorised constructions was henceforth to be carried out in the name of Temple, Church, Mosque, Gurudwara, etc. on public streets, public parks or other public places.

By its order dated February 16, 2010, the Apex court had directed States and UT's to take steps to ensure that no further unauthorised construction takes place on public places, streets/parks. There was also a direction to identify all such illegal structures within a period of six weeks from February 16, 2010.

The court referring to the said direction issued by the apex court said "Perusal of the orders passed by this court from time to time will show that after several years after the directions were issued by the Apex court, neither the State government nor BBMP have been able to effectively implement the said order. In fact, BBMP counsel states that only three structures were removed in Yelahanka zone, recently."

The court also suggested the state government for the implementation of the directions of the Apex court, to create a machinery at taluk and district level to look into complaints made about illegal religious structures constructed on public places including government lands.

It said "Wide publicity shall be given to the machinery created so that instead of approaching writ court the citizens can approach the machinery created by the state. Moreover, creation of such machinery will ensure that immediate action is taken when the construction commences or immediate action is taken after illegal religious construction is brought to the notice of the machinery."

The court has directed the Chief Secretary to file his affidavit on the two aspects within a period of six weeks from today. The court on the request made by the state government and BBMP extended the time granted for filing compliance reports to orders passed earlier, till July 17.

The direction was given while hearing a suo-motu petition initiated for the implementation of an apex court order.