The authority of the Sub-Divisional Magistrate to pass demolition orders for religious structures constructed on public land, despite the urbanization of the area.

JUDGMENT

1. The present Writ Petition has been filed by the Petitioner seeking quashing of the demolition order dated 06.06.2023, passed by the Respondent No.2 herein, for demolition of the Hanuman and Shani Dev Mandir at Chhawla drain, Village Chhawla (hereinafter referred to as `the temple in question').

2. On 04.07.203 this Court directed the Respondents to file a Status Report. The Status Report has been filed.

3. Admittedly, the temple in question is located on a public land. In the Status Report it is stated that the question regarding relocation of the temple in question was considered by the Religious Committee in its meeting dated 13.09.2022. The said meeting was held under the Chairmanship of Secretary (Home) and was attended by the following officials:

4. The Minutes of Meeting records that the proposal of shifting the temple in question was received from Public Works Department (PWD), GNCTD. It is stated that the DCP (Special Branch) was requested by the PWD to submit its report in this regard and the DCP (Special Branch) vide a letter dated 20.12.2021 has informed the Department that the temple in question admeasuring about 50/60 Sq. Yards exists at Najafgarh drain, nearby B.S.F. Chhwala Camp, Village Chhwala, New Delhi for some years and is constructed with cement and tin shed. The Minutes of Meeting also reveals that in the previous meetings of Religious Committee regarding relocation of the temple in question it was decided that Irrigation and Flood Control Department, which is the land owning agency, shall organize meetings with all the stakeholders including the area MLA/Councillor and the caretaker of the temple in question in the presence of a representative of local police to explore the possibility of shifting/removal of the temple. It is stated that no decision was arrived at in the said meetings. The Religious Committee after going through all the photographs and facts on record and after taking into account that the temple in question was built in an unauthorized manner on a public land and is causing traffic jams and in view of increasing chances of accidents and on the basis of land owning agency's recommendation that the land on which the temple in question has been constructed is required for de-silting and development works, recommended for removal of the temple in question.

5. Consequently, Executive Engineer, Civil Division-I, Flood Control Department, intimated the District Magistrate (S/W) regarding the decision taken by the Religious Committee in its meeting dated 13.09.2022 and a request was made to the District Magistrate to inform the Special Task Force for immediate action and removal of the temple in question and also to maintain the law and order situation. Pursuant to the said communication, the demolition order dated 06.06.2023 was issued by the Office of the Sub-Divisional Magistrate (Kapashera) indicating that the demolition drive for demolition of the temple in