Gujarat High Court pulls up State for lack of clarity in status report on action against unauthorised religious structures

The Gujarat High Court recently pulled up the Gujarat government for lack of clarity in its status report on action taken against unauthorised religious structures in the State and directed the State Home Secretary to file a better affidavit. .A division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Maye noted that out of total unauthorized constructions identified till September 30,2022, action had been initiated with respect to only 23.33 percent of them.However, the Court also said there was no clarity as to whether the action was merely contemplated or any actual action was taken against such structures.“Further, we may note strong exception to the manner in which the affidavit has been filed by the Secretary, Home Department without giving any detail in the affidavit itself with regard to the nature of action taken in the matter of removal of unauthorized constructions in compliance of the directions issued by the Apex Court,” the Court added..The High Court had in 2006 taken suo motu cognizance of a news report that said 1,200 temples and 260 Muslim shrines had encroached on public land. A direction was then issued for removal of encroachment of religious structures on the public space without any discrimination.When the matter reached the Supreme Court in appeal, the top court in 2010 directed all the States and Union Territories to formulate a comprehensive policy regarding the removal of the religion structures..Taking note of the top court’s directions, the High Court in December 2022, directed the State to file a status report on action taken against the illegal religious structures.However, the bench headed by Chief Justice Agarwal found the affidavit filed by State to be unclear and also took exception to State’s submission for disposal of the case.“The statement in the said affidavit that the petition be disposed of by this Court as the action plan which has been conceived by the State Government will take care of any further encroachment, is wholly uncalled for,” the bench said..The Court remarked that though the policy decision issued by the government in 2022 has been appended with the affidavit, the compliance with the said resolution has not been brought on record.Therefore, the Court directed the government pleader to file an affidavit of the Secretary of Home Department in strict compliance with the directions passed earlier in view of the apex court’s order of 2010.The Court will hear the matter next on February 27..[Read Order]