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2011 DIGILAW 1202 (SC)

Union of India v. State of Gujarat

2011-09-13

DALVEER BHANDARI, DEEPAK VERMA

body2011
ORDER : I.A. No.9 in SLP(C) No.8519/2006: 1. Application for intervention is dismissed. STATE OF MAHARASHTRA: 2. The State of Maharashtra has earlier filed an affidavit in which it was mentioned that there are 17,385 unauthorized religious structures on public lands in the State of Maharashtra. Pursuant to our order dated 27.07.2010 it was undertaken to frame a policy for removal, relocation and regularisation of encroachments on public land. In the order it was also mentioned that the Chief Secretary of the State would file further affidavit within four weeks indicating therein that out of the total number of unauthorized religious structures how many of them have been removed, relocated and regularized. Mr. Dange, Chief Secretary to the Government of Maharashtra filed an affidavit in which it was mentioned that the following types of unauthorized religious structures on the Government and public places shall be totally removed : (i) Encroachments the roads, footpaths and causing obstructions to traffic; (ii) encroachments on the land which are reserved for public facilities or projects; (iii) encroachments which are obstructing important services of public nature such as Government offices, hospitals, educational institutions etc. In the affidavit it is also mentioned that the Government of Maharashtra has decided to form a Committee for the said purpose. 3. In the said affidavit it is also mentioned that a final decision in the matter of religious structures with a view to have a consistency in the matters of regularization/relocation of religious structures would be taken and appropriate rules would be framed. Unfortunately, even after a lapse of one year, we do not have the proper scheme or rules framed by the State of Maharashtra. We do not know what action the Committee had taken in the last one year. 4. We direct the Chief Secretary, Government of Maharashtra to file a comprehensive affidavit in which it must be indicated what the Committee has done in the last one year and what is the exact position as on date regarding unauthorized constructions in the State of Maharashtra. Let this affidavit be filed within three weeks failing which the Chief Secretary of the Government of Maharashtra shall remain present in Court on the next date of hearing of the matter. NCT OF DELHI: 5. Mr. Let this affidavit be filed within three weeks failing which the Chief Secretary of the Government of Maharashtra shall remain present in Court on the next date of hearing of the matter. NCT OF DELHI: 5. Mr. Mohan Parasaran, learned additional Solicitor General referred to an affidavit dated 9th September, 2010, filed by the Chief Secretary to the Government of National Capital Territory of Delhi in which it is indicated that out of unauthorized structures as detailed in the affidavit filed earlier, 39 matters were considered by the Committee and out of those 39 structures, it was decided to remove/shift 13 unauthorized religious structures and the remaining are under consideration. It is also mentioned in the affidavit now 238 unauthorized religious structures on Gaon Sabha lands have been identified in various parts of Delhi. The State Government is in the process of formulating a policy for removal, relocation and regularisation of the unauthorized religious structures. Mr. Parasaran prays for some time to file a further affidavit of the Chief Secretary and submit a status report as on date with regard to the formulation and implementation policy of the Delhi Government. Let that be done within three weeks from today. STATE OF TAMIL NADU: 6. The Chief Secretary of the State of Tamil Nadu has filed an affidavit in which it is stated that there are 77,453 unauthorized religious structures on public lands in the State of Tamil Nadu. Learned counsel for the State submits that the Government of Tamil Nadu has formulated a policy for removal, relocation and regularisation of the unauthorized encroachments on public lands. He prays for time to file the present status report. 7. Let an affidavit be filed by the Chief Secretary within three weeks, mentioning therein as to whether the policy has been implemented and also indicating that out of the total number of unauthorized religious structures, how many of them have been removed, relocated or regularized. A copy of the policy also be placed on record. STATE OF U.P.: 8. The Chief Secretary of the State of U.P. has filed an affidavit dated 5.5.2011, in which it has been mentioned that the State has identified 45,152 unauthorized religious structures. A copy of the policy also be placed on record. STATE OF U.P.: 8. The Chief Secretary of the State of U.P. has filed an affidavit dated 5.5.2011, in which it has been mentioned that the State has identified 45,152 unauthorized religious structures. It is further indicated in the affidavit that in compliance of the directions of this Court, the State has framed a policy for reviewing on case to case basis, regarding the removal, regularisation and relocation of the unauthorized constructions. It is also indicated that 47 constructions have been removed, 26 have been relocated and 27,345 have been identified as such about which decision has been taken to regularise them by the concerned district level committees. 9. We direct the Chief Secretary to the State of U.P. to file an affidavit within three weeks from today giving therein the status report as on date in the State of U.P. STATE OF GOA: 10. The Chief Secretary to the Government of Goa in its affidavit dated 9th September, 2010 has indicated that there are about 979 unauthorized structures in Goa. Learned counsel appearing for the State of Goa submits that in pursuance of the directions of this Court, the State of Goa has formulated a draft policy. We would like the State to finalise the policy as expeditiously as possible, in any event, within three weeks from today. Let an affidavit be filed within three weeks giving therein the latest status report regarding the 979 unauthorized structures. A copy of the finalised policy may also be annexed with the affidavit. STATE OF RAJASTHAN: 11. The Chief Secretary of the Government of Rajasthan has filed an affidavit dated 8th September, 2010 in which it has been mentioned that the district-wise unauthorized religious structures on public land have been identified and now the District Collectors, the Home Department and other concerned departments have been directed to implement the comprehensive policy adopted by the cabinet for the purposes of dealing with unauthorized construction of religious structures over public land. The Chief Secretary of the Government of Rajasthan has filed a further affidavit dated 13.7.2011 in which it is mentioned that 672 unauthorized constructions works has been so far regularised to the respective institutions/trusts related to those religious places as per State Policy. The Chief Secretary of the Government of Rajasthan has filed a further affidavit dated 13.7.2011 in which it is mentioned that 672 unauthorized constructions works has been so far regularised to the respective institutions/trusts related to those religious places as per State Policy. In addition to this, 5500 of such works have also been identified by the District Collectors for which process of regularisation is under way as per the policy of the State Government. Seven cases of unauthorized constructions have been shifted to alternate site after allotting after allotting such alternate land to the concerned trust/institution related to those religious places. It is further mentioned in the affidavit that 12 cases unauthorized constructions were not found fit to be regularised or fit to be shifted and 5 cases have been identified where trusts/ institutions related to such unauthorized constructions of religious nature were not registered, though construction works were fit to be regularized. So the Collectors have started the process of registration of such trusts/institutions so that the land related to these constructions can be regularised to such trusts/institutions. From this affidavit it becomes quite evident that out of a large number of unauthorized constructions, only a few of them have been relocated or removed and majority of the unauthorized constructions have been regularised by the State. 12. We would like the Chief Secretary to file a further affidavit, within three weeks from today, giving therein the exact status report and inform the Court as to why the State is hesitant in removing or relocating the unauthorized structures. STATE OF PUNJAB: 13. The Chief Secretary of the Government of Punjab has filed an affidavit dated 8th April, 2010 in which it has been mentioned that the State Government has formulated a policy regarding the removal, relocation and regularisation of the unauthorized constructions made by the religious institutions on public places. A copy of the policy has been attached but it is not clear fro the affidavit that in pursuance of the policy adopted by the State as to how many unauthorized structures have been removed, relocated or regularised by the State. 14. We direct the Chief Secretary to file a comprehensive affidavit, within three weeks from today, giving therein the details as to how many unauthorized religious structures, have been removed, relocated or regularized. STATE OF UTTARAKHAND: 15. 14. We direct the Chief Secretary to file a comprehensive affidavit, within three weeks from today, giving therein the details as to how many unauthorized religious structures, have been removed, relocated or regularized. STATE OF UTTARAKHAND: 15. The State of Uttarakhand has filed an affidavit dated 2nd September, 2010 in which it has been mentioned that the State has identified 793 unauthorized religious structures and out of them 7 have been removed and 4 have been relocated. 16. We direct the Chief Secretary to file further affidavit giving the present status report indicating as to how many unauthorized constructions have been removed, relocated or regularized. Let the affidavit be filed within three weeks from today. STATE OF HARYANA: 17. The Chief Secretary to the Government of Haryana has filed an affidavit dated 5.9.2010 in which it has been mentioned that as per reports received from the Deputy Commissioners, approximately 3626 unauthorized religious structures have been identified in the State of Haryana, out of which 52 sites have been removed and 310 sites have been regularized. 18. We direct the Chief Secretary to file a further affidavit giving the status report as on date, regarding the unauthorized structures and indicating as to how many of them have removed, relocated or regularized, within three weeks from today. 19. Learned counsel for the State of Haryana submits that he has already filed a copy of the policy formulated by the State of Haryana. STATE OF MADHYA PRADESH: 20. The Chief Secretary to the Government of Madhya Pradesh has filed an affidavit dated 14.7.2011 annexing therewith a chart dated 13.7.2011 showing the details of the unauthorized religious structures on public places district-wise. In the affidavit it has been mentioned that there are a total number of 52,313 unauthorized religious constructions on public land. Out of them, 1413 have been removed, 988 have been relocated and 339 have been regularized. Undoubtedly, the State of Madhya Pradesh has taken the order seriously and implemented the same seriously. As far as the status report as on date is concerned, let that be furnished within three weeks from today. STATE OF CHHATTISGARH: 21. The Chief Secretary to the Government of Chhattisgarh has filed an affidavit on 7th September, 2010, in which it has been mentioned that 34,864 unauthorized religious structures on public land have been identified in the State. As far as the status report as on date is concerned, let that be furnished within three weeks from today. STATE OF CHHATTISGARH: 21. The Chief Secretary to the Government of Chhattisgarh has filed an affidavit on 7th September, 2010, in which it has been mentioned that 34,864 unauthorized religious structures on public land have been identified in the State. Out of those unauthorized structures, 119 have been removed and 7 have relocated. We would like the Chief Secretary of the State of Chhattisgarh to file a status report as on date, within three weeks from today, giving there the latest position with regard to removal, relocation and regularisation of the unauthorized religious constructions. STATE OF KARNATAKA: 22. The Chief Secretary of the Government of Karnataka has filed an affidavit dated 5.5.2011, in which it has been mentioned that out of the total 4,722 unauthorized religious structures, 1505 have been removed, 154 have been regularised and 12 cases are pending in various courts. 23. We would like the Chief Secretary to file further affidavit giving the status report as on date, within three weeks from today. STATE OF ANDHRA PRADESH: 24. The Principal Secretary to the Government of Andhra Pradesh has filed an affidavit dated 1.10.2010, in which it has been mentioned that there are 6707 unauthorized religious structures on public land and out of them 2224 have been found objectionable structures. Only 3 of them have been regularised and 3 have been removed. This is indeed most unsatisfactory performance of the State. The State of Andhra Pradesh must ensure that orders of this Court are properly implemented. 25. We direct the Chief Secretary to file a further affidavit, within three weeks from today, giving therein the status report as on date indicating how many of the unauthorized structures have been removed, relocated or regularized. STATE OF WEST BENGAL: 26. The Chief Secretary of the State of West Bengal has filed an affidavit dated 23.8.2010, along with Annexure-A in which it has been mentioned that in some districts, unauthorized religious constructions on public land have been identified but nothing really has happened. According to the said Annexure, neither any structures have been removed, relocated nor any structures have been regularized. 27. According to the said Annexure, neither any structures have been removed, relocated nor any structures have been regularized. 27. We direct the Chief Secretary to the Government of West Bengal to file a comprehensive affidavit, within three weeks from today, giving therein the details of the total number of unauthorized religious constructions on public land and also indicating as to how many such structures have been removed, relocated or regularized. STATE OF GUJARAT: 28. The Chief Secretary to the Government of Gujarat has filed an affidavit on 18th July, 2011, in which it has been mentioned that out of the total number of 16,630 unauthorized religious structures on public land, 522 have been removed, 16 have been relocated and 4 have been regularized. We direct the Chief Secretary to file a further affidavit indicating the latest position with regard to the removal, relocation and regularisation of the unauthorized religious structures, within three weeks from today. STATE OF JHARKHAND: 29. The Chief Secretary to the Government of Jharkhand has filed an affidavit on 11th May, 2011, in which it has been mentioned that the total number of religious encroachments on public land are 1882, out of them 1837 have been regularised and 39 have been recommended to be rehabilitated and 6 of them have been removed. We are astonished to see that the State, on the one hand, have identified these religious structures on public land as unauthorized structures and on the other hand, how out of the 1882 unauthorized structure, 1837 have been regularised and 39 have been recommended for rehabilitation. 30. We would like the Chief Secretary of the State to give explanation for that and also file a status report as on date within three weeks from today. STATE OF HIMACHAL PRADESH: 31. Nobody appears for the State of Himachal Pradesh. 32. We direct the Chief Secretary to the Government of Himachal Pradesh to file further affidavit giving upto date position of the unauthorized structures on public land in the State and also indicating therein as to how many of them have been removed, relocated or regularised, within three weeks from today. STATE OF JAMMU and KASHMIR: 33. The Chief Secretary of the State of Jammu and Kashmir has filed an affidavit dated 23.8.2010, in which it has been mentioned that the policy framed by the Government was not finally notified. STATE OF JAMMU and KASHMIR: 33. The Chief Secretary of the State of Jammu and Kashmir has filed an affidavit dated 23.8.2010, in which it has been mentioned that the policy framed by the Government was not finally notified. It is also mentioned in the affidavit that there are 1142 unauthorized religious structures on public land. No details have been given as to how many of them have been removed, relocated or regularized. We direct the Chief Secretary of the State to file further affidavit giving therein the status report as on date, within three weeks from today. STATE OF ORISSA: 34. The Chief Secretary of the State of Orissa has filed an affidavit dated 9th September, 2010, in which it is mentioned that out of the total number of unauthorized constructions on public land, 18 unauthorized constructions of religious nature have been removed, 4 have been relocated and 101 have been regularized. We direct the Chief Secretary of the State to file further affidavit indicating the total number of unauthorized religious structures on public land along with status report as on date, within three weeks from today. CHANDIGARH: 35. The Home Secretary, Chandigarh Administration has filed an affidavit dated 14.7.2011. Learned counsel appearing for the Union Territory of Chandigarh submits that 284 unauthorized constructions on public land have been identified, out of which 14 have been removed. We would like the Home Secretary to file further affidavit giving therein status report as on date, within three weeks from today. STATE OF TRIPURA: 36. The Chief Secretary of the State of Tripura has filed an affidavit dated 6th September, 2010, in which it has been mentioned that 85 unauthorized religious structures on public land have been identified in the State of Tripura, but it is not clear as to how many of them have been removed, relocated or regularized. We direct the Chief Secretary to file further affidavit, within three weeks from today, giving therein the status report as on date. STATE OF MEGHALAYA: 37. The Chief Secretary of the State of Meghalaya has filed an affidavit in which it has been mentioned that out of 7 districts, in 4 districts there are 17 unauthorized structures in the State of Meghalaya. They have already regularised 14 of them. We are surprised as to how most of those unauthorized religious structures have been regularised by the State. They have already regularised 14 of them. We are surprised as to how most of those unauthorized religious structures have been regularised by the State. We would like the Chief Secretary of the State to file an affidavit giving therein the reasons for regularisation of almost all the unauthorized religious structures and giving the status report as on date, within three weeks from today. PUDUCHERRY: 38. The Chief Secretary to the Government of Puducherry has filed an affidavit in which it has been mentioned that there are 515 unauthorized constructions of religious nature on public land. But it is not clear as to how many of those unauthorized constructions have been removed, relocated regularized. We direct the Chief Secretary/Administraror of the Union Territory of Puducherry to file further affidavit along with status report as on date with regard to the unauthorized structures on public land, within three weeks from today. STATE OF KERALA: 39. The Chief Secretary of the State of Kerala has filed an affidavit on 28.2011, in which it has been mentioned that out of the 901 cases of encroachments on public lands, 3 have been removed. This indeed is very unsatisfactory performance of the State. We direct the Chief Secretary to ensure that the orders of this Court are properly implemented and file further affidavit giving therein the status report as on date, within three weeks from today. STATE OF BIHAR: 40. The Chief Secretary to the Government of Bihar has filed an affidavit dated 30.8.2010, in which it has been mentioned that 16,834 unauthorized religious structures on public land have been identified by the State and out of them, 165 religious structures have been removed, 68 have been relocated and 1551 have been regularized. We would like the Chief Secretary of the State to file an affidavit giving therein the status report as on date, within three weeks from today. STATE OF ASSAM: 41. The Chief Secretary of the Government of Assam has filed an affidavit in which it has been mentioned that in pursuance of the directions of this Court, the State of Assam has formulated a policy and they have identified the unauthorized religious constructions on public land. They have also given details of some structures which have been removed, relocated or regularized. 42. They have also given details of some structures which have been removed, relocated or regularized. 42. We would like the State to file further affidavit giving therein the total number of unauthorized religious structures on public land in the State and also indicating as to how many of them have been removed, relocated or regularized, within three weeks from today. STATE OF MANIPUR: 43. The Chief Secretary to the Government of Manipur has filed an affidavit according to which the total number of unauthorized religious structures on public land are 415, out of them 189 have been proposed for regularisation and 8 have been proposed for removal. We direct the Chief Secretary to file further affidavit mentioning therein the latest position as on date, within three weeks from today. ANDAMAN AND NICOBAR ISLANDS: 44. We direct the Administrator of the Andaman and Nicobar Islands to file a comprehensive affidavit giving therein the details of the unauthorized religious structures on public land and also stating as to how many of them have been removed, relocated or regularized, within three weeks from today. DAMAN and DIU AND DADAR and NAGAR HAVELI: 45. We direct the Administrators of Daman and Diu and Dadar and Nagar Haveli to file a comprehensive affidavit giving therein the details of the unauthorized religious structures on public land and also stating as to how many of them have been removed, relocated or regularized, within three weeks from today. 46. We have undertaken this exercise primarily to ensure that henceforth no public land, public park or public street is encroached for constructing religious structures. All Collectors or District Magistrates in the country are directed to meticulously ensure that no further land is encroached in their respective districts. The District Magistrates and the Collectors must also ensure that no commercial activity is carried out from the unauthorized structures on public land. The District Magistrates are directed to send their reports to this effect every month to the Chief Secretary of the concerned State regarding fresh encroachment and status of existing unauthorized structures. The Chief Secretaries in turn would file affidavits before this Court once in three months on regular basis. 47. List this matter for further directions on 18th October, 2011.