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/
