Encroachments removed from Puliakulam Mariamman temple land

Updated: October 5, 2013 17:01 IST

Special Correspondent

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The Hindu Eviction drive being carried out in the land belonging to Puliakulam Mariamman Temple in the city on Friday. - PHOTO: K. ANANTHAN

The value of the land recovered is estimated to be worth over Rs. 12 crore.

Officials from the Hindu Religious and Charitable Endowments (HR & CE) department along with police on Friday evicted encroachers from nearly 60 cents of the land belonging to the Puliakulam Mariamman Temple in the city.

Families

According to N. Natarajan, Joint Commissioner for HR & CE – Coimbatore Region, told The Hindu that the temple had about 1.16 acres of land of which 60 cents were under encroachment wherein 38 families were residing, so far.

When the department asked the residents to vacate and hand over the land to the temple, the residents resisted the same.

HC moved

They approached the HR & CE Commissioner in 2009 and pleaded for giving them the land that they were residing, but it was turned down and the Commissioner said that the land belonged to the temple. The residents then moved the Madras High Court and the court also ruled in favour of HR & CE department seven months ago.

Subsequently, the authorities on Friday reached the area with earthmovers, manpower and police and evicted the encroachers. At present, 22 families were living there. On seeing the officials, the residents removed their belongings in vehicles. Police pickets were posted in the area.

The value of the land recovered is estimated to be worth over Rs. 12 crore.

 http://www.thehindu.com/news/cities/Coimbatore/encroachments-removed-from-puliakulam-mariamman-temple-land/article5204301.ece

To secure wakf wealth

Opinion » Editorial

October 14, 2013

Updated: October 14, 2013 00:55 IST 

Rampant encroachment and the misuse and usurpation of wakf assets representing Islamic religious endowments is the reality across India. Development of available properties, often in prime urban locations, has hardly happened either. The opportunity cost is heavy: substantial income that these could generate for the welfare of the community is being foregone or misappropriated. A Select Committee of the Rajya Sabha constituted in 1996 had looked into the working of State-level wakf boards. 

The Sachar Committee Report (2006) advocated a stringent approach to countering encroachments, and related matters. A Joint Parliamentary Committee that presented its report in October 2008 put forth major suggestions. Four years later, the Union Ministry of Minorities Affairs directed State wakf boards to undertake an assets survey and computerise records. Sadly, there was no progress. With the Wakf (Amendment) Act, 2013 now in place, the prospect of some order evolving in the management of the more than four lakh registered wakf property parcels has emerged.

The new Act recognises the failure to maintain even a basic record of the assets in many States as a principal malady, and seeks to address it within a proper time-frame. Under the amended provisions, encroachment on wakf property has been made a cognisable and non-bailable offence that could attract up to two years’ rigorous imprisonment. The Act puts the onus on State governments to ensure that wakf boards are set up and function effectively. Steps to ensure better accountability on the part of the boards have been incorporated. 

A statutory obligation to ensure flow of information from State wakf boards and State governments to the Central Wakf Council has been incorporated. Stricter provisions have been provided in the amended law to reclaim property parcels alienated over the years. The new composition of the Central Wakf Council, including four persons with national eminence, to advise Central and State governments and State wakf boards, is a prudent one. So is the creation of a Board of Adjudication. 

However, the wider interests of the community, in terms of educational facilities and welfare provision for instance, should form the cornerstone of the reform effort, and commercial interest per se should not take precedence over them. The creation of a centralised, web-enabled database for use by stakeholders will improve transparency and efficiencies — and keep vested interests at bay. The principal thrust should be on ensuring transparency in the administration of wakf assets, and the application of the new law should be done with this in mind. 

http://www.thehindu.com/opinion/editorial/to-secure-wakf-wealth/article5231818.ece?homepage=true

Encroachment on govt and communidade land

Bindiya Chari, TNN Nov 27, 2013, 07.35AM IST

PANAJI: Action against illegal structures on government and communidade lands is yet to be started even as government has identified those encroachments.

The taluka level committees constituted under religious structure policy are examining the proposals regarding the number of structures to be removed, and those need to be regulated and regularized.

In North Goa, 31 illegal structures have been identified for demolition whereas 49 constructions have been earmarked for shifting. All these structures are on government land.

Highest number of encroachment on government properties has been reported from Ponda. Total 55 encroachments have been identified.

Total 26 illegal constructions were found in government lands in Mormugao taluka. A large number of cases of encroachments on government properties are also reported from Bicholim taluka. So far, 25 such constructions have been identified.

The South Goa collector has identified seven structures on communidade land and action is awaited.
Administrator of communidade has identified 61 encroachments in North zone, 5 under Central zone and 736 in South Zone.

http://articles.timesofindia.indiatimes.com/2013-11-27/goa/44519494_1_communidade-government-land-encroachments
 

HR&CE intensifies encroachment drive

DC | J.V. Siva Prasanna Kumar 

 

 

Picture for representational purpose only.

Chennai: The state Hindu Religious and Charitable Endow­me­nts (HR&CE) department has intensified its drive against encroachments on temple lands. Apart from those under occupation in the city suburbs, the temple officials across the sta­te have been asked to evict encroachers and retrieve the property.According to sources, se­nior HR&CE officials are mo­nitoring the pace of wo­rk on regaining the la­n­ds and properties belonging to the department temples throughout Tamil Na­du, on a regular basis. A co­mprehensive data on the extent of properties re­covered since the mission was launched in 2011 is being maintained district-wise. Also, a database on the properties belonging to all the temples un­der the control of the HR&CE department is being created.

On December 3, officials of the Sri Varadharaja Pe­rumal temple, Poona­ma­ll­ee, bulldozed unauthori­sed shops constructed on the land belonging to the temple and recovered pro­perty worth `36 crore. Ab­out five persons who had leased out a portion of the temple building had constructed shops, which ev­e­ntually were razed down, the sources said.In a similar drive, rece­n­tly, the HR&CE authorities retrieved land, said to be worth Rs25 crore, by evicting huts and some concrete structures built on about 3.05 acres of land belonging to Sri Kariv­a­radharaja Perumal temple in Melayanam­pak­kam.

Also, 1.29 acres belonging to Sri Nellaiyappar Gandhimathi Ambal temple in Tirunelveli, which had been encroached upon by a limestone mining company for several years, was taken into possession again.

http://www.deccanchronicle.com/131208/news-current-affairs/article/hrce-intensifies-encroachment-drive
 

All in God’s name!

Illegal religious structures have encroached upon Bangalore’s footpaths, streets and public spaces. The menace seems destined to stay, despite a Supreme Court direction.

God-fearing you might be, but the sight of a makeshift temple, darga or a church encroaching upon the footpath is bound to upset you. Now, here’s one news that’s sure to upset you more: Hardly a few of the 630 plus such illegal religious structures in Bangalore are likely to be razed, because the civic authorities fear it might hurt religious sentiments and trigger trouble!

This, despite a clear Supreme Court direction (issued on September 29, 2009) that the State Governments ought to stop the mushrooming of such encroachments. The apex court had asked the governments to frame a comprehensive policy in this regard, identify the unauthorised religious structures in public places, and make plans to remove or relocate these.

Bangalore’s exponential vehicular growth coupled with an acute paucity of wide roads has triggered traffic chaos of monumental proportions. Road-widening to address this issue has virtually spelled doom for the footpaths. The last thing the hapless pedestrians would want is a soft option on these encroachments, masquerading as godly structures!

Clearly, the Government wanted to convince the Supreme Court that it was serious about stopping the illegal structures’ menace. Affidavits were filed listing the number of such structures. According to Karnataka’s affidavit, there were 2,814 illegal structures across the State. Official records show that the Bangalore Urban district alone had 324 such temples, mosques and churches till December 7 last year, besides the 630 within the City. The numbers could be much higher if the current year’s statistics are added.
 
 But beyond the numbers, the Government or the civic agencies don’t appear to have a plan to remove the existing structures. The Bruhat Bangalore Mahanagara Palike (BBMP), at the behest of the SC and State Government directives, has begun mapping these illegal religious structures. Yet, the fact-finding is very unlikely to be followed by demolitions.

Here’s why, as explained by the Palike Commissioner Siddaiah himself: It is quite impossible to remove these encroachments without flaring public emotions in a god-fearing country and city, says he. “While we can ensure that further illegal structures do not crop up in the City, the removal of the already constructed structures is a controversial topic,” he contends. 

Yet, there is room for optimism. For instance, Deputy Commissioner, Bangalore Urban, M K Aiyappa feels the Supreme Court directive could make the removal of these structures easier. “With co-operation from the citizens, the matter could be resolved,” says he.

The Urban DC, whose jurisidiction covers Anekal and Bangalore South, informs that the illegal temples, mosques and churches in these locations will be regularised and handed over to the Muzrai department. “Only those which have been constructed on the streets will be demolished and shifted out.”

Aiyappa cites the example of a temple in Anekal. After a detailed discussion with the local MLA, this temple -- which is right in the middle of a road -- is now being demolished and an alternative structure built inside a nearby temple complex.

But the question remains, whether this strategy could be replicated in the City
centre, where illegal religious structures of every hue have cropped up. On footpaths, streets and even civic amenity sites. While some are obscure structures which few
visit, others have a large following, as is apparent from the big crowds that throng these spots, leading to intense traffic chaos.

Strong-arm tactics to rid the City of these illegal structures could be an invitation to disaster, warn sceptics. It might be easier to handle the issue on the outskirts of the City, but the real test lies in the City’s core, they argue. 

The pressure from the Supreme Court and the public to act against the encroachments might be intense. But it is anybody’s guess how the Palike will handle the issue.

Indications are that the City would just have to live with the existing structures. It is learnt that at a recent BBMP meeting, the officials wanted almost all of the roadside and encroached religious structures to be legalised. The intention is clear: Circumvent the Supreme Court order to ensure there are no illegal structures.

The argument goes this way: If a scheme like Akrama-Sakrama could be devised to regularise unauthorised houses, why not something for the abodes of gods. Yet, the fact remains that regularisations would only be at the cost of the roads, footpaths, parks, playgrounds and other public spaces, all so crucial for the Bangalorean.

http://www.deccanherald.com/content/99686/all-gods-name.html

Administration tab over religious encroachment

Kundan Pandey, TNN Sep 20, 2012, 05.13PM IST

 

INDORE: Around 1,700 religious structures have been constructed on the government land in Indore district. The interesting fact surfaced in the recent District administration survey which is supposed to trace many more such encroachments.

The district administration found that around 1250 such construction in Indore city, which is maximum compared to other parts of the district. Apart from these encroachments, around 736 structures constructed on the land of the Indore Municipal Corporation and around 545 have been constructed on government land coming under district administration.

After tracing such large number of encroachment, now the officials of district administration have begun effort to know, how many such structures have been constructed after the Apex Court's ruling in 2010 in which the court banned the misuse of government land for religious structures.

In its ruling given on September, 13, 2011, the Supreme Court ruled that district collectors of all the districts of India should keep tab over the development and ensure that no government land should be encroached for construction of religious structures.

In that ruling, the Apex court also said that chief secretaries of the state should submit a detailed report regarding the religious structures on government land after every three months.

http://articles.timesofindia.indiatimes.com/2012-09-20/indore/33976233_1_religious-structures-government-land-encroachment

Survey reveals 1,150 illegal religious structures in city

Proshun Chakraborty, TNN | Jul 25, 2013, 03.35 AM IST

NAGPUR: Nagpur Municipal Corporation estate department and city police have, in a joint survey, identified 1,150 illegal religious structures in the city constructed on government land. Of these, many are obstructing free movement of vehicular traffic and pedestrians. The survey revealed the city has 1,501 religious structures including the illegal ones. Interestingly, it shows the figure of religious structures in the city has gone up. Earlier, NMC had identified 1,279 religious structures.

The survey was done by officials of 10 NMC zones and city police. The Supreme Court too had banned encroachment on roads, pavements and sidewalks by religious structures or installation of statues of public figures. In September 2009, a high court division bench in Nagpur had directed Nagpur commissioner of police and municipal commissioner to fix responsibility on officers concerned for areas where illegal structures were hurdles to smooth flow of traffic. Municipal commissioner Shyam Wardhane recently convened a meeting of both zonal officers and police inspectors of 23 police stations and instructed them to conduct a joint survey.

The joint survey has included all religious structures and divided them into two categories - A and B. Category A comprises 350 structures that can be regularized while category B is of 1,151 illegal structures that pose law and order problem or obstruct flow of traffic and those cannot be regularized. These have to be removed. With 298 structures (68 under Category A) Dhantoli zone has the highest number of religious structures in the city. Lakadganj follows with 242 (68 under category A). The report will help the civic body to decide what illegal structures should be removed.

Statistics show that despite high number of religious and non-religious illegal structures, none of them was removed ignoring the fact that they were coming in way of city's development plans and also blocked traffic besides creating law and order situation. "Now, the civic chief along with police commissioner will prepare a priority list for action on structures on city roads and footpaths," said source.

However, removal of these encroachments needs approval by the state government, official sources told TOI. As the encroachments were either on NMC, NIT or PWD lands, a proposal has to be moved to the government for clearing the structures, they said. Many encroachers have approached the court for legal remedy and, hence, NMC could not take action to remove the encroachments, said sources.

In certain cases, builders of the layout themselves constructed such religious structures in reserved portions of their layout. The land stood was in the name of these promoters. Hence, action could not be taken against them as they were private lands.

http://timesofindia.indiatimes.com/city/nagpur/Survey-reveals-1150-illegal-religious-structures-in-city/articleshow/21320206.cms

Administration tab over religious encroachment

Kundan Pandey, TNN Sep 20, 2012, 05.13PM IST

     

INDORE: Around 1,700 religious structures have been constructed on the government land in Indore district. The interesting fact surfaced in the recent District administration survey which is supposed to trace many more such encroachments.

The district administration found that around 1250 such construction in Indore city, which is maximum compared to other parts of the district. Apart from these encroachments, around 736 structures constructed on the land of the Indore Municipal Corporation and around 545 have been constructed on government land coming under district administration.

After tracing such large number of encroachment, now the officials of district administration have begun effort to know, how many such structures have been constructed after the Apex Court's ruling in 2010 in which the court banned the misuse of government land for religious structures.

In its ruling given on September, 13, 2011, the Supreme Court ruled that district collectors of all the districts of India should keep tab over the development and ensure that no government land should be encroached for construction of religious structures.

In that ruling, the Apex court also said that chief secretaries of the state should submit a detailed report regarding the religious structures on government land after every three months.

http://articles.timesofindia.indiatimes.com/2012-09-20/indore/33976233_1_religious-structures-government-land-encroachment

SC restrain courts to pass order on construction of religious places

The Supreme Court restrained all courts across the country from passing any order inconsistent with the apex court order dated September 29, 2009 banning all constructions of religious places like temples, mosques, churches and Gurudwara etc.

A bench headed by Justice Dalveer Bhandari issued the directions when Solicitor General of India Gopal Subramanium submitted before the court that Supreme Court orders may be frustrated if courts in the country continue to entertain petition by encroachers who exploit in the name of religion for grabbing land if appropriate directions are not issued by this court.

Several states also made similar complaints to the Supreme Court that they are not in a position to enforce the directions of this court because of contradictory orders such as injunction orders being issued by various courts in the country.

States of Uttar Pradesh, Madhya Pradesh, Assam, Punjab, West Bengal, Gujarat and union territory of Chandigarh have filed their affidavits as per directions of the Supreme Court.

The apex court had imposed a blanket ban on the construction of all new religious places on public land across the country vide order dated September 29,2009.

The ban was imposed on the petitions filed by central government against Gujarat High Court order staying the demolition of religious structures on public land.

UNI
http://www.indlaw.com/guest/DisplayNews.aspx?DF3CA589-F040-4D67-8D6D-0CA8B5D9D9D5

Supreme Court bans shrines, statues on public roads

By Dhananjay Mahapatra, TNN | Jan 19, 2013, 12.36 AM IST

The order can empower municipal and government bodies to prevent unauthorized constructions being carried out under the garb of religious structures as often local political interests and religious sentiments render authorities helpless.

NEW DELHI: In an order that will be welcomed by civic bodies and bring relief to citizens, the Supreme Court on Friday banned fresh encroachment of roads, pavements and sideways by construction of religious structures or installation of statues of public figures.

The apex court's ruling addresses a common hazard in all Indian cities and towns where unauthorized religious structures - often thinly disguised cases of land grab - have sprung up on public and private land and are obstructing roads and inconveniencing residents.

The order can empower municipal and government bodies to prevent unauthorized constructions being carried out under the garb of religious structures as often local political interests and religious sentiments render authorities helpless.

Along with religious structures, the court also ruled on installation of statues. "Henceforth, states shall not grant permission to install any statue or erect any structure on public roads, pavements and sideways and other public utility places," ordered a bench of Justices R M Lodha and S J Mukhopadhaya.

The order was passed on an application challenging the Kerala government's permission to a private society to install the statue of public figure on a traffic island on a national highway at a busy intersection where vehicles had to crawl because of existing encroachments.

The bench said the time has come to ban construction of temples, mosques, churches and gurudwaras on public places abutting roads which significantly restrict movement of vehicles leading to long traffic snarls. After issuing the ban, the court clarified that it would not apply to installation of street lights, mask lights or other public utility services.

On existing unauthorized religious structures on roads, the bench took a nuanced position recognizing that removal of such construction is not an easy task for either municipal authorities or police. It said these could be removed without creating a law and order problem.

"Public road is not anyone's property. Each citizen had a right to use the road and that right cannot be interfered with or impeded by constructing a temple, mosque, church or gurudwara or by installing the statue of a public figure," said Justices Lodha and Mukhopadhaya.

The order came on the application by K R Pradeep Kumar of Thiruvananthapuram district during the hearing on the issue of removal of religious structures encroaching into areas earmarked for roads. The court had, in an interim order on September 29, 2009, directed that henceforth no unauthorized construction shall be carried out or permitted in the name of temple, church, mosque or gurudwara on public streets, public parks or other public places. The direction is now a final ruling.

In respect of unauthorized constructions of religious nature that have already taken place, state governments were asked to review these on a case to case basis and take appropriate steps as expeditiously as possible. The court on Friday asked the amicus curiae to collate the policy of each state on this issue for scrutiny after four weeks.

Kerala had informed the court that out of 901 cases of encroachment, only three had been removed. The applicant, Pradeep Kumar, said though Kerala had the highest average road length in the country, the growth of traffic had rendered most roads congested.

He said installation of statues on roundabouts had further narrowed road space leading to frequent accidents. The Sundaran Nadar Foundation was permitted to install a statue in the middle of the national highway from Thiruvananthapuram to Kanyakumari at Neyyatinkara on a traffic island.

A statue of Shri Ayyankali was installed at the Vellayambalam Square in the 1980s, the applicant said. In addition, there were cases of encroachment of roads by commercial establishments in various towns, he said.

No steps have been taken by the state government to remove illegal encroachments on the roads and to prevent new structures constructed in the middle/side of important arterial roads adding to the existing problem of traffic congestion, Kumar had complained.

He had said on one hand, the state was filing affidavits on removal of encroachment on roads and on the other, it was permitting installation of statues in the middle of roads resulting in further congestion and accidents.

http://timesofindia.indiatimes.com/india/Supreme-Court-bans-shrines-statues-on-public-roads/articleshow/18081295.cms