Supreme Court Allows Uttarakhand Govt. To Demolish 4 Illegal Religious Structures On Public Land By May 31, 2021

"Out of 793 illegal structures, 5 are left. In respect of 1, there is a stay...this was a suo motu matter (before the Uttarakhand High Court) so there is no-one on the other side", began SG Tushar Mehta.

"The Akhil Bhartiya Akhada Parishad filed an intervention seeking that the structures not be demolished. Our undertaking is that we are bound to demolish by virtue of Your Lordships directions. Our undertaking is to demolish them by May 31, 2021", he advanced.

"This classification of the structures as unauthorised is not correct as per the Uttarakhand Rules...we are neither able to go to the High Court nor come here, our grievance is not being redressed anywhere...", argued the counsel for the intervenor Akhada Parishad.

"We cannot accept your argument to not demolish the structures! We can't open everything now because of the judgment of this court", observed Justice M. R. Shah.

"Everything that is without permission is unauthorised! The land belongs to the Irrigation Department. It was allotted to you temporarily, it was not a permanent allotment! How could you undertake construction on it?", asked Justice Ashok Bhushan.

"Look at the picture! It is a permanent construction!", commented Justice Shah.

"I have spoken to the Chief Secretary also. Your Lordships can consider rejecting his application. We are not supporting it", said the SG.

"We are anyway rejecting it", noted Justice Bhushan.

"The state wants time till May 31, 2021, so the structures can stay till then. But the state should be permitted to demolish them May 31, 2021", ordered the bench.

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; and, after noting that affidavits were filed except by the State of Uttarakhand, the Chief Secretary of the State of Uttarakhand was directed to file an affidavit within two weeks from the date of that order.

The Supreme Court further directed that, with a view to ensure implementation of the directions issued by it, the matter should be supervised by the concerned High Courts and, accordingly, remitted the matters to the respective High Courts to ensure implementation of the order in an effective manner.

The order of the Supreme Court dated 31.01.2018, required the Chief Secretaries, in consultation with the respective Governments, to frame policies in respect of existing unauthorised constructions of a religious nature which had already taken place; and to review the same on a case to case basis.

The high court had taken suo motu cognisance of the issue as the state government had failed to comply with the 2009 direction. Thereafter, the high court had directed the state to demolish all these structures by March 23. The government, however, has been seeking extension of time, stating that many of the structures are used to host Kumbh Mela scheduled early next year.