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2021 Supreme(Sikk) 138
HIGH COURT OF SIKKIM
Jitendra Kumar Maheshwari, CJ., Meenakshi Madan Rai, J.
In Re : Removal of Illegal Religious Structures
WP (PIL) No. 02/2018
Decided On : 08-07-2021
Ms. Manita Pradhan, Amicus Curiae, for the Petitioner; Mr. Vivek Kohli, Advocate General assisted by Ms. Y.W. Rinchen, Government Advocate, Mr. Hissey Gyaltsen, Asst. Govt. Advocate, for the Respondents
The court affirmed that government actions regarding the removal of illegal religious structures must follow policy and due process, ensuring affected individuals have opportunities to present their cases.
Headnote:(A) Public Interest Litigation - Removal of Illegal Religious Structures - The Government formulated a policy for the removal of unauthorized religious structures, as notified in Gazette No. 290 dated 11.09.2020. Follow-up communications were made to District Collectors for recommendations on illegal constructions. (Paras 1-4)
(B) Policy Implementation - The Court found the Government's approach to be just, permitting action on a case-to-case basis and ensuring that concerned parties are given an opportunity before decisions are finalized. (Paras 5-6)
Facts of the case:
The petition was filed in the public interest to address illegal religious structures, leading to the formulation of a removal policy by the State Government, followed by recommendations from different District Level Committees.
Findings of Court:
The Government's proposed course of action for removal, according to its policy and with provided recommendations, appears just and appropriate.
Issues: The primary issue was the legality and implementation of the policy regarding illegal religious structures and ensuring due process in the state's actions.
Ratio Decidendi: The court emphasized that the State Government must act in accordance with the law while considering the recommendations and must provide opportunities for concerned parties to put forth their case before any action is taken.
Result: Public Interest Litigation stands disposed of.
JUDGMENT
J.K. Maheshwari; CJ.:--
This petition has been filed in the public interest for removal of the illegal religious structures. On the basis of the orders of this Court, the Government has formulated a policy on 07.09.2020 which is enclosed with the response and it is notified in the Gazette No. 290 dated 11.09.2020. In furtherance to the said policy, the Home Department, Government of Sikkim, vide letter bearing No. Home/Confdl/112/2018/48/546 dated 29.09.2020 intimated to the District Collectors of four Districts to notify the said policy and to submit the recommendations on the unauthorized religious structures constructed within their respective jurisdiction. The Home Department has issued another letter bearing No. Home/Confdl/112/2018/48/826 dated 27.11.2020 to the District Collectors of the four Districts requesting them to submit the recommendation. It is stated that vide letters dated 13.10.2020, 13.10.2020, 15.02.2021 and 18.02.2021 recommendations/proposals of South District Level Committee, North District Level Committee, East District Level Committee and West District Level Committee respectively have been submitted to the State Government, which are under consideration. All those documents have been produced before this Court.
In view of the aforesaid, it is urged that the State Government in terms of the policy decision dated 11.09.2020 taking action for removal of the illegal religious structures and as per the recommendations received it will be dealt with by the State Government on case to case basis.
After hearing the learned Advocate General and the learned Amicus Curiae present in the Court and looking to the policy, the recourse as cited by the Government prima facie appears to be just. At this stage suffice to observe that while dealing with the issue on case to case basis and in terms of the policy the State Government shall afford an opportunity to the concerned person and take decision in accordance with law.
With the aforesaid observation, this Public Interest Litigation stands disposed of.
Pending IAs, if any, to be treated as disposed of.
