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2016 Supreme(Bom) 1302

A.S.OKA, A.A.SAYED
Society for Fast Justice, through its President Ashish Mehta – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Shri Bhagvanji Raiayni, Petitioner in Person.
For the Respondents: Shri A.B. Vagyani, Government Pleader along with Shri V.B. Thadani, AGP, Shri P.G. Sawant, AGP, Shri A.Y. Sakhare, Senior Counsel along with Ms. Soumya R. Kokare, Shri Yatin Malvankar, Ms. Trupti Puranik, Shri A.R. Khairnar, Shri D.A. Nalawade, Ms. Padmaja Jadhav and Shri P.G. Lad.

JUDGMENT :

A.S. OKA, J.

OVERVIEW AND FACTUAL ASPECTS

1. A very important issue is raised in this Public Interest Litigation. The issue is regarding the failure on the part of the State Government and the Mumbai Municipal Corporation in taking action of demolition of several illegal religious structures/shrines. No religion encourages illegality. No religion preaches that worship or prayer should be offered in illegally constructed place of religion. The material on record shows that there are large number of illegal religious structures constructed in the State. The illegal shrines have been erected by the persons belonging to all religions, and therefore, we make it clear that we are dealing with the illegally constructed places of religion/shrines of all the religions and sects.

2. The Petitioners had earlier filed a Public Interest Litigation being PIL Writ Petition No. 2063 of 2002 for inviting attention of this Court to the fact that no action of demolition was taken in respect of more than 1,100 illegal religious structures erected on the public roads, footpaths/footways in t





















































































































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