Delhi HC orders demolition of makeshift temple in Defence Colony
Justice Rekha Palli took note of an inspection report by the station house officer (SHO) of the police station concerned, which said that there is no religious activity in the alleged temple.
The Delhi high court on Monday ordered the demolition of an unauthorised structure--a makeshift temple in south Delhi’s Defence Colony-- saying that the Supreme Court had already directed that no illegal construction will be permitted in the name of religion.
Justice Rekha Palli took note of an inspection report by the station house officer (SHO) of the police station concerned, which said that there is no religious activity in the alleged temple.
“Even otherwise, when the Supreme Court has already directed that no unauthorised construction would be permitted, there is no reason as to why the respondent should not expeditiously remove the encroachment so that the same is not misused or remove the encroachment,” the court said.
It directed the Delhi government to demolish the temple and ordered that the idols be placed in another temple within 10 days. The court also directed the police to render assistance for the demolition work.
The court gave the directions while hearing a plea seeking the removal of the makeshift temple in south Delhi’s Defence Colony. Viraht Saini, a resident of Defence Colony, sought the removal of the makeshift temple in front of his property, claiming that it obstructed his right of way. The plea said during the Covid-19 pandemic, someone had built the structure illegally on the pavement of Bhishma Pitamah Marg, right in front of his house.
The plea also claimed that people gathered at the spot, which led to rowdiness and gambling.
During the last hearing, the court directed the SHO of the area concerned to depute an officer for 24 hours at the site and furnish a report with details of visitors to the structure, including those who collect offerings made by passersby.
On Monday, advocate Anupam Shrivastava, additional standing counsel of the Delhi government, told the court about an order of the Lieutenant Governor (L-G) passed in February, 1991, mandating that no religious structure can be demolished in the city without the approval of the religious committee.
He sought time from the court to send the proposal of demolition of the temple to the religious committee.
However, this did not go down well with the court, which said, “The whole city is taken for a ride for so many years... When the Supreme Court and high court find encroachment, where is the question of religious committee? Where does it (L-G note) say the court cannot order demolition of illegal structure?”
The court also perused the L-G’s note and said the note does not state that no demolition should take place if it is contrary to the orders passed by a competent court. The court said that in 2009, the Supreme Court passed an order saying that no unauthorised construction will be permitted in the name of religious places.
“Now the respondent cannot take shelter that the matter be sent to the religious committee as it is a religious structure. I may note that the unauthorised structure is not being used as a religious structure as there is no priest and no offering given there,” the court noted in its oral order.
It also asserted that once the Delhi government takes a stand on the report of the SHO that the encroachment is on public land and is not really being used for any religious purpose, there is no reason as to why the encroachment should be permitted to continue any further.
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