Full Judgment Text
UNION OF INDIA Petitioner(s)
VERSUS
STATE OF GUJARAT & ORS.
Respondent(s)
Special Leave to Appeal (Civil) No(s).8519/2006
(From the judgement and order dated 02/05/2006 in
SCA No.9686 of 2006 of the HIGH COURT OF GUJARAT AT
AHMEDABAD)
Date: 29/09/2009
JUSTICE DALVEER BHANDARI DR.JUSTICE MUKUNDAKAM
SHARMA JJ
O R D E R
On 25th March, 2008, this Court took note of a
newspaper item published in Times of India,
Ahmedabad Edition, and passed the following order:
"Taking note of the fact in a news item published
in 'The Times of India', Ahemdabad Edition, dated
May 2, 2006 to the effect that
1200 temples and 260 Islamic shrines had encroached
on public space, the High Court of Gujarat at
Ahmedabad, while taking suo motu
action, issued notice to the fourteen
persons/authorities who were arrayed as
respondents. While doing so, the High Court
gave the following interim direction:
'Meanwhile, all the respondents are directed to
take immediate steps for removal of encroachment of
religious structures on the public space without
any discrimination and submit their reports.'
Mr. Gopal Subramanium, learned ASG appearing
for the Union of India contends that this interim
direction is in the nature of final direction which
could be issued only after hearing the respondents
and no such direction could be issued at a
preliminary
stage without hearing the respondents.
This Court, while issuing notice on the special
leave petition on 04th May, 2006 had stayed the
operation of the impugned order.
Learned ASG states that the Central Government
after convening a meeting of all the concerned
Secretaries of the respective States
would try to take a consensual decision to deal
with the problems such as in the present case all
over the country and seeks time for this
purpose."
The matter again came up before this
Court on
31.7.2009 when this Court passed the following
order:
"Mr. Gopal Subramanium, learned Solicitor
General appearing for the Union of India submits
that the entire matter is being carefully
scrutinized at the highest level and a consensus is
being built up among all the States.
Learned Solicitor General would also take
instructions and file an affidavit that henceforth
no church, mosque or gurdwara etc. shall be
permitted on the public street/public
space.
Let this affidavit be filed by a senior
officer,preferably a Secretary to the
Government of India within eight weeks."
Learned Solicitor General has brought
to our
notice a letter dated 19 September, 2009/23
September, 2009 of the Home Secretary, addressed to
the learned Solicitor General of India. The
relevant portion of the letter reads as under:
"I had taken a meeting with the Chief Secretaries
of the States on 17.09.2009 with a view to evolve
consensus on the problem of encroachment of public
spaces by religious structures. I am glad to report
that after the meeting, the following consensus
emerged:-
(i) No unauthorized construction of any religious
institution namely, temple, church, mosque or
gurudwara, etc. shall be permitted on public
street/public space.
(ii) In respect of unauthorized
constructions of any religious nature which has
taken place in the past, the State Governments
would review the same on a case by case basis and
take
appropriate steps. This will be done as
expeditiously as possible."
We have heard the learned counsel for the parties.
Looking to the far-reaching 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, Church, Mosque or Gurudwara
etc. on public streets, public parks or other
public places etc.
In respect of the unauthorized
construction of religious nature which has
already taken place, the State Governments and the
Union Territories shall review the same on case to
case basis and take appropriate steps as
expeditiously as possible.
In order to ensure compliance of our directions, we
direct all the District Collectors and
Magistrates/Deputy Commissioners in charge
of the Districts to ensure that there is total
compliance of the order passed by us. They are
directed to submit a report within four weeks to
the concerned Chief Secretaries or the
Administrators of the Union Territories who in turn
will send a report to this Court within eight weeks
from today.
List this matter for further directions
on 7th
December, 2009.
(A.S. BISHT)
(NEERU BALA VIJ)
COURT MASTER
COURT MASTER