A single judge Writ Petition challenging the arbitrary and illegal construction of a temple pile foundation on public land by religious bodies. The Court relied on a survey and Apex Court directives to order the removal of the structure.
Direction to Remove the pile foundation within 2 months
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1
HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 8013 of 2022
ORDER:
The present writ petition is filed by the petitioners to declare the action being arbitrary and illegal, as the respondent Nos. 2 to 6 have not taken steps to stop the unauthorized construction of temple in public place covered by Sy.No.292/7 (Godavari Yeligattu) and Sy.No.292/5 (Road PrakkilankaMaturu State Highway) of Vegeswarapuram Village, Tallapudi Mandal, West Godavari District by the respondent Nos. 8 and 9.
The respondent Nos. 8 and 9 herein has laid a pile foundation, unauthorizedly to construct a temple in road margin in the land belongs to R&B Department and also land belongs to Water Resource Department and the petitioners along with all the villagers objected this unauthorized construction and objected the laying of idol in the said pile foundation. Despite the objections made by the villagers, the respondent Nos. 8 and 9 has forcibly constructed the pile foundation in public place.
The petitioners herein have made a representation to respondent authorities to take action against the respondent Nos. 8 and 9 for the removal of the pile foundation constructed by the respondent Nos. 8 and 9. Having no actions taken by the respondents, petitioner was constrained to file this Writ Petition.
2
This Court by an order dated 31-03-2022, directed the respondent Nos. 8 and 9, to stop all further construction in the land in Sy.Nos.292/5 and 292/7 of Vegeswarapuram Village, Tallapudi Mandal, West Godavari District .
Further directed the respondent Nos. 2 and 3 to conduct survey to demarcate the road margins with the assistance of respondent No.5, in the presence of the petitioners or their representatives and directed them to place the survey report before this Court.
As per the direction of this Court by an order dated 31.03.2022, the respondent Nos. 2 and 3 have undertaken the survey with the assistance of respondent No.5, and in the presence of petitioners and a copy of survey report dated 22.04.2022, is placed before this Court. This survey report categorically indicates that the land belongs to R&B Department and the respondent Nos. 8 and 9 herein have encroached 9.66 sq. yards in Sy.No.292/5 and 3.78 sq. yard in Sy.No.292/7 which belongs to AGRB Department and in total of 13.44 sq.yards have been encroached by the respondent Nos. 8 and 9.
Mr. Madhavarao Nalluri filed a vakalat on behalf of respondent Nos. 8 and 9 . Learned counsel for the respondent Nos. 8 and 9 would submit that the respondent Nos. 8 and 9 have not encroached the road , it is only the road margin.
3
Learned counsel for the petitioners would submit that a similar case, the Apex Court in Union Of India Vs. State of Gujarat and Others , passed an interim direction. Directing the authorities to ensure that no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque and Gurudwara etc. on public streets, public parks or public places etc.
The Apex Court further directed that, if any constructions have already taken place to review the same and take appropriate steps as expeditiously as possible.
Learned counsel for the petitioner relied on G.O.M.S. No.188 dated 21.07.2021 and the said G.O. was issued directing the respective Grama Panchayats to protect the Grama Panchayat by managing and reviewing the same periodically.
Admittedly a survey was conducted and it was found that respondents have constructed a pile foundation on the public property in an extent of 13.44 sq.yards, to install/erect a statue of deity.
As per the judgment of the Apex Court no statue or idol of a Temple, Church, Mosque and Gurudwara shall not be constructed in the public place without obtaining permission from the concerned authorities, the respondent Nos. 8 and 9 have laid the pile foundation for erection of statue of deity.
4
Considering the submissions made by the petitioners this Court inclined to direct the respondent Nos. 8 and 9 to remove the pile which was constructed to erect a statue of deity, failing to do so the authorities here by, directed to remove the pile foundation, if necessary by the aid of police. The said process shall be completed within a period of two (2) months from the date of this order.
Accordingly, the writ petition is disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
TARLADA RAJASEKHAR RAO, J
1st December, 2022. MH
5
HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No.8013 of 2022
(disposed of)
MH
3 issues framed by the court
Whether the unauthorized erection of a temple pile foundation on public property warrants removal.
Whether the respondents violated the Apex Court directive prohibiting religious constructions in public places without permission.
Whether the petitioners are entitled to a direction to remove the encroachment within two months.
Colour shows how this judgement treated each authority
Union Of India Vs. State of Gujarat and OthersReferred¶14
Union Of India Vs. State of Gujarat and Others
Villagers of Vegeswarapuram
Respondents 2 and 3
Respondents 8 and 9
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
