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/