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2018 Supreme(Bom) 1631
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.R. Gavai, M.S. Karnik, JJ.
Vinod Subhash Thorat and Ors. – Petitioners
Vs.
The State of Maharashtra & ors. – Respondents
Public Interest Litigation St. No. 24411 of 2018 with Civil Application (Intervention) No. 63 of 2018
Decided On : 01-11-2018
For the Petitioner:Mr. R.S. Apte, Senior Advocate and Mr. Uday Warunjikar I/by, Mr. Navin R. Chomal and Mr. Pravartak Aathale
For the Respondent: Mrs. Shruti D. Vyas, 'B' Panel Counsel, Mr. S.V. Marne
Headnote:
Constitution of India,1950 - Public Interest Litigation - Interest of the general public - Religious structures - Ensure total compliance - Petitioners that the respondent– Corporation has issued notices to as many as 530 religious shrines in city in purported compliance of the G.R. State Government - It is the case of the petitioners that respondent – Corporation is issuing notices of demolition in utter contravention - Respondent No.4 – Corporation issued notices to aforesaid religious shrines about its intention to demolish them within two weeks under the garb of following - Alleged that the notices were affixed by the respondent No.4Corporation on temples as well as other religious shrines/structures situated within the local limits – Held, Court have therefore come to considered conclusion Corporation has taken a unilateral decision to the effect that these structures are erected been done so without offering an opportunity of countering said claim and proving that the said structures were erected prior to 29/9/2009 and therefore the decision of Corporation is in violation of mandatory procedure - Admittedly except for pasting of the impugned notices of demolition on religious structures, no notice or opportunity of hearing is given to the petitioners before coming to conclusion structures are erected - Respondent No.4 – Corporation will have to abide by the procedure as laid down as directed by this Court in its order in Writ Petition - Civil Application is disposed of
M.S. Karnik, J.
1. Rule. Rule is made returnable forthwith.
2. Heard by consent of the parties.
3. The petitioner Nos.1 and 2 are public spirited residents of Nashik and claim to have strived for religious and spiritual causes in particular for the interest of the general public and the society. By this Public Interest Litigation ('PIL' for short), the petitioners have prayed for appropriate directions to the respondent Nos. 3 and 4 – Nashik Municipal Corporation to comply with the Government Resolution ('G.R.' for short) dated 5/5/2011 by giving due and proper publicity to the list of the religious structures which according to them are falling within Clause B of G.R. dated 05/05/2011; by publishing the list in some local leading newspaper/s having reasonably wide circulation in the city of Nashik, with a view to enable all the concerned stake holders having interest in the various religious structures which are likely to be affected, to know their precise status and come up with their objections along with proof and supporting materials. The petitioners have also prayed for some consequential reliefs.
4. It is the case of the petitioners that the respondent No.4 – Corporation has issued notices to as many as 530 religious shrines in the city of Nashik in purported compliance of the G.R. dated 5/5/2011 of the State Government. It is the case of the petitioners that the respondent No.4 – Corporation is issuing notices of demolition in utter contravention of the G.R. dated 5/5/2011.
5. The respondent No.4 – Corporation on 8/8/2018 issued notices to the aforesaid religious shrines about its intention to demolish them within two weeks under the garb of following the G.R. dated 5/5/2011. It is alleged that the notices dated 8/8/2018 were affixed by the respondent No.4Corporation on the temples as well as other religious shrines/structures situated within the local limits of the respondent No.4 – Corporation. This act of the Respondent No.4 took the members in the management of the said shrines as well as local residents/devotees who are the worshipers by surprise.
6. The relevant events leading to the issuance of the G.R. dated 5/5/2011 can be summarized thus :
(A) On 25.03.2008, the Hon’ble Supreme Court of India taking note of the newspaper item published in Times of India, Ahmedabad Edition, dated 02.05.2006, took suo motu cognizance of the illegal public structures erected on public places, roads, footpaths. The Hon’ble Supreme Court of India has been thereafter considering the issue with regard to removal of illegal religious structures which have come up by way of encroachments on public lands. Various orders have been passed by the Hon’ble Supreme Court from time to time. Certain directions were issued by the Hon’ble Supreme Court on 29.09.2009. The matter again came up before the Hon’ble Supreme Court on 07.12.2009 wherein the following directions were issued :
“This Court on 29th September, 2009, after taking into consideration the letter dated 19th September, 2009, sent by the Union Home Secretary to the learned Solicitor General of India, we passed the following order :
“We have heard the learned counsel for the parties. Looking to the farreaching implications and consequences of the orders of this Court, on the oral request of the learned Solicitor General of India, we deem it appropriate to implead all the States and the Union Territories as respondents to this petition. The Registry is directed to issue notices to all the States and the Union Territories within three days. The Union of India is directed to supply the entire set of papers to all the Standing Counsel appearing for the State Governments and the Union Territories.
The States and the Union Territories may file replies within four weeks and the Union of India is granted liberty to file rejoinder within two weeks thereafter.
As an interim measure, we direct that henceforth no unauthorized construction shall be carried out or permitted in the name of Temple,
