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/