Illegal religious structures: Karnataka HC tells govt to set up taluk-level machinery

The High Court on Saturday directed the chief secretary to submit an affidavit on preventive steps it intends to take for ensuring that unauthorised constructions are not carried out in the name of temples, mosques, gurudwara etc. on public space, including government land. The bench asked the chief secretary to file the affidavit in six weeks.

A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing a batch of petitions on the issue of removal of religious structures on government land. The High Court had also initiated suo motu proceedings on the directions of the Apex Court.

The bench said that it is necessary for the state government to create machinery at taluk and district levels to look into the complaints about illegal structures on public places, including government lands.

“Moreover, creation of such machinery will ensure that immediate action is taken when the construction commences or action can be taken after illegal religious construction is brought to the notice of the public authorities,” the bench said.

The bench noted that a large number of petitions are filed complaining inaction on the part of the state government to remove illegal religious structures on government lands.

The court said that the order of the Supreme Court applies not only to parks and public spaces, but also lands vesting in the state government as well as in the agency of and instrumentality of the state.

On September 29, 2009, the Supreme Court had directed all the states and union territories to demolish illegal religious structures.

The Apex Court had stated that in the name of gods and religion, no unauthorized construction can be allowed on public streets or public parks.

On January 31, 2018, the Apex Court again issued a direction asking the High Courts to supervise the implementation of the directions issued in 2009, by registering suo motu PILs.