The Religious Affairs Committee is responsible for deciding the issue of alleged illegal religious structures/ encroachments.

Headnote:
Fact of the Case:

The petitioner filed a public interest petition seeking directions to remove two alleged illegal religious structures/ encroachments along with the trees planted in the middle of the road in compliance with the order dated 31st January, 2018, passed by the Supreme Court in SLP(C) No. 8519/2006, titled Union of India & Anr. v. State of Gujarat & Ors.
Finding of the Court:

The Court directed the Religious Affairs Committee to decide the issue of the alleged illegal structures/ encroachments in accordance with law within three months.
Issues: Whether the two alleged illegal religious structures/ encroachments and trees planted in the middle of the road should be removed.
Ratio Decidendi: The Court relied on the order dated 13th November, 2019, passed in W.P.(C) No. 11419/2018, which directed the Religious Affairs Committee to decide the issue of the alleged illegal structures/ encroachments.
Final Decision: The Court disposed of the present writ petition with a direction to the Religious Affairs Committee to decide the aforesaid issue in accordance with law within three months.

ORDER

% 27.03.2024

1. Present public interest petition has been filed seeking issuance of directions to Respondents to remove two alleged illegal religious structures/ encroachments along with the trees planted in the middle of the road in compliance with the order dated 31st January, 2018, passed by the Supreme Court in SLP(C) No. 8519/2006, titled Union of India & Anr. v. State of Gujarat & Ors.

2. The petitioner, who appears in person, states that the petitioner is a resident of village Nithari which is flanked by Rohini Sector-22 on the northern side and Nangloi on the Southern side. He states that there are two illegal religious structures in the middle of two roads, clogging more than 50% of these roads, resulting in huge traffic congestion. He states that two to three trees have also been deliberately planted in the middle of these roads along with the structures so as to protect them from demolition.

3. He further states that he had previously filed W.P.(C) No. 11419/2018 wherein this Court had referred the matter to the Religious Affairs Committee of GNCTD. But despite lapse for over four years, no action has been taken in the matter till date.

4. Learned counsel for the respondents states that the respondents are trying to determine the land owning agency where the two alleged illegal structures/ encroachments are stated to be situated.

5. Since, the petitioner is essentially seeking compliance of the earlier order dated 13th November, 2019, passed in W.P.(C) No. 11419/2018, this Court disposes of the present writ petition with a direction to the Religious Affairs Committee to decide the aforesaid issue in accordance with law within three months.

6. The respondents shall file a compliance/ action taken report before 09th July, 2024.

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