ORDER :

I.A. No.9 in SLP(C) No.8519/2006:

1. Application for intervention is dismissed.

STATE OF MAHARASHTRA:

2. The State of Maharashtra has earlier filed an affidavit in which it was mentioned that there are 17,385 unauthorized religious structures on public lands in the State of Maharashtra. Pursuant to our order dated 27.07.2010 it was undertaken to frame a policy for removal, relocation and regularisation of encroachments on public land. In the order it was also mentioned that the Chief Secretary of the State would file further affidavit within four weeks indicating therein that out of the total number of unauthorized religious structures how many of them have been removed, relocated and regularized. Mr. Dange, Chief Secretary to the Government of Maharashtra filed an affidavit in which it was mentioned that the following types of unauthorized religious structures on the Government and public places shall be totally removed :

(i) Encroachments the roads, footpaths and causing obstructions to traffic;

(ii) encroachments on the land which are reserved for public facilities or projects;

(iii) encroachments which are obstructing important services of public nature such as Government offices, hospitals, educational institutions etc. In the affidavit it is also mentioned that the Government of Maharashtra has decided to form a Committee for the said purpose.

3. In the said affidavit it is also mentioned that a final decision in the matter of religious structures with a view to have a consistency in the matters of regularization/relocation of religious structures would be taken and appropriate rules would be framed. Unfortunately, even after a lapse of one year, we do not have the proper scheme or rules framed by the State of Maharashtra. We do not know what action the Committee had taken in the last one year.

4. We direct the Chief Secretary, Government of Maharashtra to file a comprehensive affidavit in which it must be indicated what the Committee has done in the last one year and what is the exact position as on date regarding unauthorized constructions in the State of Maharashtra. Let this affidavit be filed within three weeks failing which the Chief Secretary of the Government of Maharashtra shall remain present in Court on the next date of hearing of the matter.

NCT OF DELHI:

5. Mr. Mohan Parasaran, learned additional Solicitor General referred to an affidavit dated 9th September, 2010, filed by the Chief Secretary to the Government of National Capital Territory of Delhi in which it is indicated that out of unauthorized structures as detailed in the affidavit filed earlier, 39 matters were considered by the Committee and out of those 39 structures, it was decided to remove/shift 13 unauthorized religious structures and the remaining are under consideration. It is also mentioned in the affidavit now 238 unauthorized religious structures on Gaon Sabha lands have been identified in various parts of Delhi. The State Government is in the process of formulating a policy for removal, relocation and regularisation of the unauthorized religious structures. Mr. Parasaran prays for some time to file a further affidavit of the Chief Secretary and submit a status report as on date with regard to the formulation and implementation policy of the Delhi Government. Let that be done within three weeks from today.

STATE OF TAMIL NADU:

6. The Chief Secretary of the State of Tamil Nadu has filed an affidavit in which it is stated that there are 77,453 unauthorized religious structures on public lands in the State of Tamil Nadu. Learned counsel for the State submits that the Government of Tamil Nadu has formulated a policy for removal, relocation and regularisation of the unauthorized encroachments on public lands. He prays for time to file the present status report.

7. Let an affidavit be filed by the Chief Secretary within three weeks, mentioning therein as to whether the policy has been implemented and also indicating that out of the total number of