Research › Search › Judgment

Telangana High Court · body

2022 DIGILAW 21 (TS)

Syed Farees Ahmed v. State of Telangana

2022-01-07

ABHINAND KUMAR SHAVILI, S.C.SHARMA

body2022
ORDER : S.C. Sharma, J. 1. The petitioner before this Court, who is claiming himself to be a social worker, has filed the present petition stating that large number of illegal structures belonging to religious institutions have come up on public land and the State Government is not taking any action in the matter. It has also been stated that the State Government has issued G.O. Ms. No. 262, Revenue (Assignment-1) Department, dated 31.03.2010 and in spite of there being a Government order, no action has been taken by the State Government. 2. On the other hand, learned counsel for the State of Telangana has stated before this Court that in the light of the order dated 07.12.2009 passed by the Hon'ble Supreme Court in SLP (Civil) No. 8519 of 2006, they have ensured that no structure comes up on public land belonging to religious institutions and they have categorised the structures under three categories. It has been stated that the Government has directed all the Collectors to ensure that unauthorised constructions are removed from public places and to relocate them. He has stated that the petitioner has not pointed out any specific structure in the present public interest litigation and therefore, the petition may be disposed of, as the State Government is already looking into the matter and no such structure is being permitted to be erected by the State of Telangana. This Court has carefully gone through G.O. Ms. No. 262, dated 31.03.2010. The State Government, keeping in view the order passed by the Hon'ble Supreme Court, has taken a prompt action in the matter by issuing the aforesaid Government order and is making all possible endeavour to ensure that unauthorised religious structures as well as other structures, which are on the public land, are removed. The State Government, thereafter, has also issued another Government order i.e., G.O. Ms. No. 263, Revenue (Assignment-I) Department, dated 31.03.2010. Paragraphs 6, 7 and 9 of the aforesaid Government order are reproduced as under: "6. All the Collectors and District Magistrates are also directed that whenever new lay outs are approved, provisions shall be made for such structures to come up only in the lands earmarked for public purposes and only with the proper permission in writing. 7. Government have decided to constitute a Committee under the chairmanship of the Joint Collector/Addl. All the Collectors and District Magistrates are also directed that whenever new lay outs are approved, provisions shall be made for such structures to come up only in the lands earmarked for public purposes and only with the proper permission in writing. 7. Government have decided to constitute a Committee under the chairmanship of the Joint Collector/Addl. District Magistrate of the District with the District Panchayat Officer, concerned Police Officials and the Municipal Commissioners in the District as Member;. 8. ............. 9. They shall review once in a quarter for implementation of the policy or removal/relocation/regularization of unauthorised religious structures as per the reports of detailed survey on case to case basis and also to prevent any such structures coming up in public places, and also to send the action taken reports to the Government from time to time without fail through the CCLA, Hyderabad. 3. District Level Committee has been constituted for removal of the existing unauthorized constructions of religious nature and monitoring is being carried out by the State Government in respect of unauthorised illegal structures and therefore, no further orders are required to be passed in the public interest litigation. However, it shall be open for the petitioner to point out any unauthorized religious structure, which comes to his notice, to the District Level Committee and in case, such structure is brought to the notice of the District Level Committee, the District Level Committee shall take appropriate action positively within four weeks from the date of receipt of such a complaint/representation by the petitioner. 4. With the aforesaid, the public interest litigation stands disposed of. 5. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.