In Other Courts:Satish Kumar Verma vs The State Of M.P. And Ors. on 15 April, 2011

Madhya Pradesh High Court

Satish Kumar Verma vs The State Of M.P. And Ors. on 15 April, 2011

Writ Petition No.2214/2005

15.4.2011

In the present Public Interest Litigation grievance has been made that religious structures have been illegally constructed on the public lands, including public roads, and this Court by order dated 9.12.2005 has already directed the District Authorities (arraigned as respondents) to remove such religious structures particularly from public roads and keep on reporting compliance from time to time once in every month by an affidavit of the Collector, Jabalpur. Report dated 18.3.2011 submitted by respondent no.6 indicates that as on that date 426 various religious structures have been removed from different locations of Jabalpur town. The District Authorities, in continuance of this drive, have served notices to the managements of Shri Sai Mandir, South Civil Lines, Jabalpur, and Shiv Shakti Durga Mandir, Civil Lines, Jabalpur, for the removal of their religious structures. On receiving the notices, I.A. Nos.14684/2010 and 14667/2010 for intervention were filed on behalf of these temples wherein prayer for stay was also made.

On 16.12.2010 it was submitted before us on behalf of both the temples that before demolition the Tahsildar, Nazul, be directed to consider their representations. Accepting the submission, Tahsildar was directed to decide the representations after giving an opportunity of hearing and without the leave of this Court the District Authorities were restrained from demolishing these temples. The Tahsildar by order dated 7.2.2011 has dismissed the representations with a finding that the temples have been constructed illegally on public roads. Today, during the course of arguments, no material was placed before us to dislodge this finding of the Tahsildar. Neither the management of Shri Sai Mandir nor of Shiv Shakti Durga Mandir could produce any document with regard to their title over the lands on which the temples have been constructed. Not only this, they even admitted that the temples have been constructed without any sanction from the authorities.

In Special Leave to Appeal (Civil) No.8519/2006 Union of India v. State of Gujarat the Supreme Court vide order dated 7.12.2009 has disapproved such unauthorized constructions of religious nature. This being the factual situation, we vacate the stay order dated 16.12.2010. It will now be open for the District Authorities to demolish the temples.

In respect to Mazaar, commonly known as Chudi Shah Malang Ki Mazaar, situated in South Civil Lines, Near Filtration Plant, respondent nos.1 to 5 and 7 have stated in their supplementary status report dated 10.2.2001 that on demarcation it was found that the land on which Mazaar is constructed is in the name of Central Railways, Jabalpur, and no part of the Mazaar is found to have been constructed either on Nazul land or public road.

As regards Ganesh Temple and Hanuman Temple located at Khandari, Gwarighat, Jabalpur, statement has been made in the same report that portions of these temples have already been removed and steps are being taken to further remove the encroachments made by the management of these temples.

List the case on 13.5.2011 on which date the respondents shall submit the status report.

Certified copy as per rules.

(AJIT SINGH) 

JUDGE

(N. K. GUPTA)  

JUDGE ps

http://indiankanoon.org/doc/585826/

Gujarat tells SC preparing scheme for rehabilitation of religious structures

30.7.2012 (UNI) The Gujarat government today told the Supreme Court that it is preparing a scheme for restoration of religious structures destroyed or damaged during the 2002 communal riots.

A bench comprising Justices K S Radhakrishnan and Dipak Misra was also told that the Narendra Modi government will present a comprehensive scheme for rehabilitation and payment of compensation to the religious places which were damaged during the riots, sparked off following Godhra train burning incident in which 59 kar sewaks were burnt alive.

Earlier, the Supreme Court had asked the Gujarat government to take adequate steps for paying compensation and rehabilitation of over 500 religious structures which were either demolished or extensively damaged during the communal riots which left over 2,000 members of minority community dead.

The Gujarat government has challenged the High Court order directing it to pay compensation and restore the religious structure.

The apex court, however, refused to stay the operation of the impugned High Court order. UNI


http://www.indlaw.com/guest/DisplayNews.aspx?6099D031-5018-47A5-A059-D5FBF5DD38DC

SC directs states to prevent encroachment in the name of religion

The Supreme Court directed the states to prepare a comprehensive policy within eight weeks to prevent the encroachment of public land in the name of religion through construction of religious structures.

A bench headed by Justice Dalveer Bhandari also directed the states to tell the Supreme Court, what can be done to the existing encroachment, whether these religious structures can be regularised or not.

All the state governments had filed status report in the apex court giving details of encroachment in the name of religion.

During the hearing of the appeal by the Union government against the order of Gujarat High Court, which had stayed the demolition of religious structures in Ahmedabad on public land, the apex court had directed the Centre and all the states not to permit the construction of religious structures by criminals and anti-social elements on government land.

UNI
http://www.indlaw.com/guest/DisplayNews.aspx?685379DA-1951-472F-9AFC-702FC7D6F942

Shrines in Modi’s house, Raj Bhavan figure in ‘illegal’ list

Express news service : Gandhinagar, Wed Jun 27 2012, 03:01 hrs

A temple of Lord Shiva at the official residence of Chief Minister Narendra Modi and a similar religious structure at Raj Bhavan are among the 20,000-odd shrines encroaching on public land in the state, according to a list prepared by the state government as part of an affidavit to be submitted to the Supreme Court, which is hearing a related case since 2006.

As per the list on March 31, 2012, which will be updated in a month, there are around 5,314 religious encroachments in areas under the seven municipal corporations in the state while an additional 14,667 encroachments are there in areas that fall outside municipal limits but under the district collectorates, sources said.“Chief Minister Narendra Modi’s official residence, Bungalow No 26 in the ministerial enclave, has a Lord Shiva’s temple as illegal religious encroachment while many other bungalows in the enclave have different religious encroachments. Even Raj Bhavan has religious encroachment. However, the latest status is not known,” sources in the state revenue department told The Indian Express.

This list of religious encroachments is likely to be updated, with the home department writing to all district collectors and municipal corporations to immediately furnish the details of the latest status (as on June 30, 2012) on the encroachment on public land/properties by different religious bodies in the state.The fresh data is required by the chief secretary to file an affidavit in the SC in a case between the Union of India and Gujarat and others.

On December 7, 2009, the SC had passed interim orders that no unauthorised religious constructions should be carried out or permitted on public streets, parks or other public places. It had ordered the state government to formulate a comprehensive policy regarding removal/relocation/regularisation of unauthorised religious constructions.

http://www.indianexpress.com/news/shrines-in-modis-house-raj-bhavan-figure-in-illegal-list/967279/

Madhya Pradesh High Court - Satish Kumar Verma vs The State Of M.P. And Ors. on 15 April, 2011

Madhya Pradesh High Court

Satish Kumar Verma vs The State Of M.P. And Ors. on 15 April, 2011

Writ Petition No.2214/2005

15.4.2011

In the present Public Interest Litigation grievance has been made that religious structures have been illegally constructed on the public lands, including public roads, and this Court by order dated 9.12.2005 has already directed the District Authorities (arraigned as respondents) to remove such religious structures particularly from public roads and keep on reporting compliance from time to time once in every month by an affidavit of the Collector, Jabalpur. Report dated 18.3.2011 submitted by respondent no.6 indicates that as on that date 426 various religious structures have been removed from different locations of Jabalpur town. The District Authorities, in continuance of this drive, have served notices to the managements of Shri Sai Mandir, South Civil Lines, Jabalpur, and Shiv Shakti Durga Mandir, Civil Lines, Jabalpur, for the removal of their religious structures. On receiving the notices, I.A. Nos.14684/2010 and 14667/2010 for intervention were filed on behalf of these temples wherein prayer for stay was also made. 

On 16.12.2010 it was submitted before us on behalf of both the temples that before demolition the Tahsildar, Nazul, be directed to consider their representations. Accepting the submission, Tahsildar was directed to decide the representations after giving an opportunity of hearing and without the leave of this Court the District Authorities were restrained from demolishing these temples. The Tahsildar by order dated 7.2.2011 has dismissed the representations with a finding that the temples have been constructed illegally on public roads. Today, during the course of arguments, no material was placed before us to dislodge this finding of the Tahsildar. Neither the management of Shri Sai Mandir nor of Shiv Shakti Durga Mandir could produce any document with regard to their title over the lands on which the temples have been constructed. Not only this, they even admitted that the temples have been constructed without any sanction from the authorities. 

In Special Leave to Appeal (Civil) No.8519/2006 Union of India v. State of Gujarat the Supreme Court vide order dated 7.12.2009 has disapproved such unauthorized constructions of religious nature. This being the factual situation, we vacate the stay order dated 16.12.2010. It will now be open for the District Authorities to demolish the temples.

In respect to Mazaar, commonly known as Chudi Shah Malang Ki Mazaar, situated in South Civil Lines, Near Filtration Plant, respondent nos.1 to 5 and 7 have stated in their supplementary status report dated 10.2.2001 that on demarcation it was found that the land on which Mazaar is constructed is in the name of Central Railways, Jabalpur, and no part of the Mazaar is found to have been constructed either on Nazul land or public road.

As regards Ganesh Temple and Hanuman Temple located at Khandari, Gwarighat, Jabalpur, statement has been made in the same report that portions of these temples have already been removed and steps are being taken to further remove the encroachments made by the management of these temples.

List the case on 13.5.2011 on which date the respondents shall submit the status report.

Certified copy as per rules.

(AJIT SINGH) (N. K. GUPTA) JUDGE JUDGE ps

http://indiankanoon.org/doc/585826/

SDS seeks SC intervention in removing illegal religious structures

Sarva Dharam Sansad (SDS), a religious organisation having representatives of all religions, decided to approach the Supreme Court, seeking direction to the authorities to remove all religious structures built on public land through encroachment across the country.
Senior Advocate K T S Tulsi agreed to help the SDS in preparing the PIL.

This decision has been taken through a TV programme called Vichar Manthan on Lok Sabha Channel, anchored by Swami Agnivesh.

The anchor of the programme disclosed that Narendra Modi Government has demolished over 100 temples which were illegally built on public land through encroachment in Gujarat. He also revealed that even Pakistan Government has ordered demolition of mosques which stood on encroached land in Islamabad .

The SCS was of the view that land mafia and unscrupulous elements in the society were involved in the construction of these religious structures in order to encroach the public land.

Swami Agnivesh also revealed that even in Delhi, religious structures have come up at several round-abouts and encroachers were indulging in commercial activities by exploiting the religious sentiments of people.

Swami also cited the example of a huge religious complex, coming up on public land near the CGO complex in Delhi and said a children park has been encroached upon in Pitampura to built a temple.

The SDS was particularly against those religious structures which obstructed the flow of traffic and demanded that these be removed forthwith.

UNI

http://www.indlaw.com/guest/DisplayNews.aspx?8F4CBE35-0718-4C22-9EB5-0AEB1501FC71

Ensure no place of worship is built on public land: SC

New Delhi, Sat Aug 01 2009

Directive to Centre follows Gujarat High Court’s order of 2006 allowing demolition of such structures in Ahmedabad
 
The Supreme Court on Friday took a tough stance on encroachment of public places, and asked the Centre to ensure that no place of worship is constructed or built on public land.

The directive came during the hearing of an appeal filed by the Centre challenging a Gujarat High Court order of 2006 directing municipal authorities in Ahmedabad to demolish all illegal structures including places of worship occupying public roads and spaces. The illegal structures targeted by the Modi government included some temples too. But after communal violence hit Vadodara following the demolition of a dargah and the Army had to stage a flag march, the Centre rushed to the apex court seeking a stay of the HC order.

The Centre said while it was not supporting illegal structures occupying public land, it was concerned about the security of the citizens and the law and order problem arising as result of the demolition of religious structures. It said that if the HC order was not stayed, it would have serious ramifications on the unity, integrity and security of the nation and its secular fabric. Incidentally, the Centre was not a respondent before the High Court, but had, nevertheless, appealed to the apex court, which later stayed the impugned order.

Apprehending law and order problem if existing places of worship were demolished the bench too, while hearing the matter on Friday, said that no new place of worship should come up on public space.

"As far as existing religious institutions are concerned, we can understand that demolishing them will create law and order problem, but the Centre must ensure that no religious place comes up in future on public places," the bench comprising justices Dalveer Bhandari and M K Sharma said.

The court said the Centre must take steps to build a consensus on evolving a mechanism to deal with such encroachments. “Let us find a solution where we could stop any new temple or mosque or any religious place of worship from coming up on public space, street or land,” the bench added.

After being informed by Solicitor General Gopal Subramanium that the government is already pursuing the issue and following it up with the states and UTs for building a consensus, the bench sought for a detailed response within four weeks.

"The Solicitor General shall file an affidavit to ensure that no temple, church, mosque or gurudwara is constructed on a public street or a public space,” the court said, as it posted the matter for further directions on September 29. The bench further said: “Even if a single institution comes up on public place, the officers concerned would be suitably punished.”

http://www.indianexpress.com/news/ensure-no-place-of-worship-is-built-on-public-land-sc/496726/0

'No more places of worship on public land': SC

The Supreme Court of India has directed that there shall be no fresh construction of places of worship in public places in the country. The restriction will apply to all religions

The Supreme Court, in an interim order on September 29, 2009, said that there would be no new construction of places of worship on public land across the country. A bench, comprising Justices Dalveer Bhandari and Mukundakam Sharma, said the order would be enforced until the issue relating to construction of places of worship at public places was finally resolved by the apex court. 

The interim direction was passed on a plea by the Centre that all states and union territories in the country had agreed in principle not to allow fresh construction of places of worship on public land; this applies to temples, mosques, churches, gurdwaras and places of worship of other communities. 

The bench, however, left it to the states and union territories concerned to decide on a “case-to-case basis” the removal or otherwise of existing places of worship that had encroached on roads/lanes. In order to comply with the order, the bench asked district collectors across the country to act as nodal officers and send their reports to the chief secretaries, who are then expected to file their reports and forward them to the apex court within eight weeks.

“Looking at the gravity and far-reaching consequences of the issue, we have decided to implead states and union territories in the matter,” the bench said while seeking a response from states and union territories on the issue.

Earlier, on July 31, the Supreme Court directed the government to ensure that no place of worship was allowed to come up by encroaching on public places. The court passed the direction while hearing a petition challenging the Gujarat High Court order of May 2006 asking municipal corporations in the state to demolish all illegal structures, including places of worship, on public roads.

However, it put the order on hold on an appeal by the Centre expressing concern that if the high court order was not stayed it would have serious ramifications on the unity, integrity and security of the nation. The Centre, in its appeal, clarified that it was not justifying the existence of unauthorised constructions. But, removal of religious places was a sensitive issue and must be subjected to scrutiny and classification before demolition.

Accordingly Solicitor General Gopal Subramanium, appearing for the Centre, submitted before the bench that states and union territories, at a meeting convened by the Union home secretary on September 17, had agreed to check such constructions.

No studies have been carried out so far to estimate the area of public land encroached on by places of worship in the country. The Land Acquisition (Amendment) Act 2007 defines “public purpose” land as land acquired for the purpose of defence installations, infrastructure projects or public utility projects, where 70% of the land is purchased. The government cannot acquire land for private parties, except under the 70% condition, by paying compensation to the original owners.

Source: 

[I]            Hindustan Times[/I], September 30, 2009

[I]            DNA[/I], September 30, 2009

[I]            The Economic Times[/I], September 30, 2009

http://infochangeindia.org/governance/news/no-more-places-of-worship-on-public-land-sc.html

SC gives six weeks for anti-encroachment plan

Feb 17, 2010

New Delhi, Feb. 16: As some states, including Andhra Pradesh feared that the removal of all the religious places built illegally on public land could result in a major law and order problem, the Supreme Court on Tuesday set a deadline of six weeks for all the states and Union Territories to lay down comprehensive policy to prevent the encroachment of government land by religious institutions.

While asking the states and UTs to file affidavits on the formulation of the policy within eight weeks, a Bench of Justices Dalveer Bhandari and K.S. Radhakrishnan directed that in their affidavits should clearly state what steps had been taken to remove or relocate the existing religious structures, including temples, mosques, churches and gurdwaras built by encroaching the public land. The policy framed by every state and UT must clearly indicate whether they wanted to remove, relocate or demolish a particular religious place.

The Court issued the direction to enforce its order of December 7, 2009 banning construction of any religious place on government land illegally after receiving the replies from all the states except Uttrakhand, which was given 15 days to file an affidavit.

Some states, including Andhra Pradesh expressed apprehension about law and order problem if all such religious places are removed as people’s religious sentiments were involved. The AP government in its affidavit stated that it had identified a total of 647 religious structures built on footpaths in Greater Hyderabad Municipal Corporation area alone.

Age Correspondent

http://www.asianage.com/content/sc-gives-six-weeks-anti-encroachment-plan

Punjab to set up committees to remove all illegal encroachments including religious places

NAKODAR: Punjab Government while implementing the orders of Supreme Court to remove all illegal encroachments including religious places at public places, encroached within a period of ten years, has decided to set up District Levels Committees headed by District Magistrates to consider these type of cases.

SSPs, Representatives of Local Bodies department, Rural Development and Rural Panchyats Departments would be members of these district level committees.

When contacted Nakodar SDM Iqbal Singh Sandhu confirmed it and told this correspondent here that home department of the state has instructed to regularize those illegal constructions more than ten years old and not to be asked to remove the pllegal construction ever by the administration.

SDM Sandhu said that home and justice department has now instructed to ensure normal traffic on the main roads and remove the hinderances.

All Concerned Officers have been instructed to send monthly report to higher authorities regularly.

http://punjabnewsline.com/content/punjab-set-committees-remove-all-illegal-encroachments-including-religious-places

Roadside religious places encroachment of public land: Rajsthan high court

Published: Wednesday, Nov 10, 2010, 22:02 IST

Place: Jaipur | Agency: PTI

Taking a serious note of the mushrooming illegal roadside religious places, the Rajasthan high court has directed the state government to come out with a plan within a month for the removal of 58,000 such structures in the state.

The direction came after the court suo moto took up the issue following complaints of inconvenience to the public with such illegal structures coming up on roadsides and on public land.

A division bench of the high court comprising acting chief justice Arun Mishra and justice M Rafiq directed the Rajasthan government to prepare a concrete plan within a month outlining how these structures can be removed.

The state government in its response had submitted that there were 58,000 illegal religious structures in the state.

"We appreciate religious feelings associated with places of worship but still God and Goddesses too will feel bad sitting on a roadside or a nallaha. Temples are not like roadside vendorshops that can be installed anywhere. We cannot allow encroachments in the name of temples," Justice Mishra observed.

Justice Mishra also issued an advisory to the advocate general of the state saying, the government must itself take a decision to dismantle these encroachments or the court will be forced to step in and take action.

Advocate General G S Bapna submitted to the bench that the state government has framed a policy to demolish all those illegal religious roadside structures causing traffic hazards.

He said those structures which would be demolished will, however, be relocated in a nearby vicinity.

Bapna said the government has decided to regularise those temples and mosques that are not causing any traffic hazard.

Under the policy, places of worship would be clearly earmarked in all the upcoming colonies, he said.

A single judge of the court in January this year taken suo moto cognizance of the illegally constructed temples and mosques on roadsides and public land.

The court had then asked the state authorities to explain that despite Supreme Court's verdict in this regard why public land is being allowed to be encroached by persons who try to grab the land in the name of building temples and mosques.

http://www.dnaindia.com/india/report_roadside-religious-places-encroachment-of-public-land-rajsthan-high-court_1464897

Construction of temples on public places no more: Supreme Court

2 October 2009

Call it religious fundamentalism or build following of faith, but any form of devotion to God does not impute a compulsion upon the followers to build excessive number of temples or shrines to commemorate the faith, especially by encroaching upon the property belonging to others or on public land. However one can find an indiscriminate flooding of such temples and shrines on public land build without regard to safety standards, public inconvenience etc. Not just this, once built, these structures are sought to be perpetuated by defending their demolition or relocation with all physical power or even political might. In fact the continuous forbearing of such encroachments of public property are not a recognition of a feeble political will to take action but also show the lack of executive enforcement of the laws of the country which prohibit all such encroachment of public premises. 

Taking note of a news-report published by the Times of India in on May 2, 2006 to the effect that 1200 temples and 260 Islamic shrines had encroached on public space, the High Court of Gujarat at Ahmedabad took cognizance of the matter and issued directions to the various Governmental authorities "to take immediate steps for removal of encroachment of religious structures on the public space without any discrimination and submit their reports".

The validity of this order passed by the Gujarat High Court came up for examination before the Supreme Court. However, before taking any action, the Court sought to response of the Government of India on the vital issue facing the public sentiment of the religious countrymen. The Solicitor General of India informed the Court that in a meeting of the Secretaries of all States of the country, the following consensus had emerged;

(i) No unauthorized construction of any religious institution namely, temple, church, mosque or gurudwara, etc. shall be permitted on public street/public space.

(ii) In respect of unauthorized constructions of any religious nature which has taken place in the past, the State Governments would review the same on a case by case basis and take appropriate steps. This will be done as expeditiously as possible.

Taking these account and acknowledging the "far-reaching implications and consequences" of its orders, the Supreme Court directed all the States of India to file their response on the issue and make their submissions for a final determination by the Supreme Court. 

The Court, meanwhile, directed that "henceforth no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc." and "in respect of the unauthorized construction of religious nature which has already taken place, the State Governments and the Union Territories shall review the same on case to case basis and take appropriate steps as expeditiously as possible."

The Court made all the District Magistrates accountable for the above directions, requiring them to file status reports of the action taken on these directions. 

One can only hope that from now on not only would the future constructions of such structures would not be permitted, but also the existing ones causing inconvenience would be removed or relocated. 

http://legalperspectives.blogspot.in/2009/10/construction-of-temples-on-public.html

The Judgment

UNION OF INDIA Petitioner(s)

VERSUS

STATE OF GUJARAT & ORS. Respondent(s)

Special Leave to Appeal (Civil) No(s).8519/2006
(From the judgement and order dated 02/05/2006 in SCA No.9686 of 2006 of the HIGH COURT OF GUJARAT AT AHMEDABAD)
Date: 29/09/2009

JUSTICE DALVEER BHANDARI                           
DR.JUSTICE MUKUNDAKAM SHARMA JJ

O R D E R

On 25th March, 2008, this Court took note of a newspaper item published in Times of India, Ahmedabad Edition, and passed the following order:

"Taking note of the fact in a news item published in 'The Times of India', Ahemdabad Edition, dated May 2, 2006 to the effect that 1200 temples and 260 Islamic shrines had encroached on public space, the High Court of Gujarat at Ahmedabad, while taking suo motu action, issued notice to the fourteen persons/authorities who were arrayed as respondents. While doing so, the High Court gave the following interim direction:

'Meanwhile, all the respondents are directed to take immediate steps for removal of encroachment of religious structures on the public space without any discrimination and submit their reports.' Mr. Gopal Subramanium, learned ASG appearing for the Union of India contends that this interim direction is in the nature of final direction which could be issued only after hearing the respondents and no such direction could be issued at a preliminary stage without hearing the respondents.

This Court, while issuing notice on the special leave petition on 04th May, 2006 had stayed the operation of the impugned order. Learned ASG states that the Central Government after convening a meeting of all the concerned Secretaries of the respective States would try to take a consensual decision to deal with the problems such as in the present case all over the country and seeks time for this purpose."

The matter again came up before this Court on 31.7.2009 when this Court passed the following order:
"Mr. Gopal Subramanium, learned Solicitor General appearing for the Union of India submits that the entire matter is being carefully scrutinized at the highest level and a consensus is being built up among all the States.
Learned Solicitor General would also take instructions and file an affidavit that henceforth no church, mosque or gurdwara etc. shall be permitted on the public street/public space.

Let this affidavit be filed by a senior officer, preferably a Secretary to the Government of India within eight weeks."

Learned Solicitor General has brought to our notice a letter dated 19 September, 2009/23 September, 2009 of the Home Secretary, addressed to the learned Solicitor General of India. The relevant portion of the letter reads as under:

"I had taken a meeting with the Chief Secretaries of the States on 17.09.2009 with a view to evolve consensus on the problem of encroachment of public spaces by religious structures. I am glad to report
that after the meeting, the following consensus emerged:-
(i) No unauthorized construction of any religious institution namely, temple, church, mosque or gurudwara, etc. shall be permitted on public street/public space.
(ii) In respect of unauthorized constructions of any religious nature which has taken place in the past, the State Governments would review the same on a case by case basis and take appropriate steps. This will be done as expeditiously as possible."

We have heard the learned counsel for the parties.

Looking to the far-reaching implications and consequences of the orders of this Court, on the oral request of the learned Solicitor General of India, we deem it appropriate to implead all the States and the Union Territories as respondents to this petition. The Registry is directed to issue notices to all the States and the Union Territories within three days. The Union of India is directed to supply the entire set of papers to all the Standing Counsel appearing for the State Governments and the Union Territories.

The States and the Union Territories may file replies within four weeks and the Union of India is granted liberty to file rejoinder within two weeks thereafter. As an interim measure, we direct that henceforth no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc.

In respect of the unauthorized construction of religious nature which has already taken place, the State Governments and the Union Territories shall review the same on case to case basis and take appropriate steps as expeditiously as possible. 

In order to ensure compliance of our directions, we direct all the District Collectors and
Magistrates/Deputy Commissioners in charge of the Districts to ensure that there is total compliance of the order passed by us. They are directed to submit a report within four weeks to the concerned Chief Secretaries or the Administrators of the Union Territories who in turn will send a report to this Court within eight weeks from today.

List this matter for further directions on 7th December, 2009.

(A.S. BISHT)                                                                      (NEERU BALA VIJ)
COURT MASTER                                                              COURT MASTER