Hon'ble Ramesh Sinha,J.
Heard learned counsel for the petitioner, Sri Ashok Singh, learned Standing Counsel appearing for respondent Nos. 1 to 3.
The prayer in this petition is to take action on the complaints of the petitioner dated 5-3-2011 and 12-4-2011 against the officers who are illegally destroying the ancient Temples in village Ponghat in which idols of Shri Hanuman Ji and Shiv Ji have been installed and thereby effecting the practice of the Hindu faith of the petitioner.
We have perused the long complaint dated 11.4.2011. In the said complaint, the complainant has claimed that the Shiv Ji Temple was constructed in Arazi Nos. 28 and 29 by the ancestors of the petitioner, which are in the possession of the Airport Authority, CATC, Bamrauli. It is mentioned in the said complaint that some of the land had been acquired, but Arazi Nos. 28 and 29 were not acquired. It is also mentioned in the complaint that the petitioner has obtained information from from the Airport Authority, CATC, Bamrauli under the Right to Information Act, whereby a copy of the letter of the District Magistrate, Allahabad dated 11.5.1955 has been provided in which it was mentioned that the ancestors of the petitioner had taken compensation for the Temple and well, but they have not claimed any compensation for the boundary wall and the trees. According to the petitioner the ancestors of the petitioner, who got the Temple and well constructed in public interest, could not possibly have taken compensation for the same.
Learned Standing Counsel appearing for Union of India states that in support of these facts and ownership of this Temple, the complainant has not placed any document on record. Moreover, the Supreme Court had taken a very strict view over Temples being constructed on public land. Several orders have been passed by the Supreme Court of India in Special Leave to Appeal (Civil) No. 8519 of 2006, Union of India Vs. State of Gujarat and others and vide order dated 29-09-2009, it was directed that as an interim measure, 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. Furthermore, unauthorized constructions of religious nature which have already taken place, the State and Union Governments and the Union Territories are required to review the same on a case to case basis on their territories and to take appropriate steps for removal of unauthorized constructions as expeditiously as possible. Subsequently, an order dated 16-02-2010 was passed by the Supreme Court of India in which it was mentioned that "we do not find comprehensive and satisfactory affidavits as far as this direction of the order is concerned. Therefore, it has become imperative to direct all the States and the Union Territories to formulate a comprehensive policy regarding the removal/relocation/regularization of the unauthorized construction within six weeks from today. The policy should clearly indicate within what period the States and the Union Territories are going to fully comply with its policy to remove/relocate/regularize the unauthorized construction."
We find that by unauthorized constructions of religious nature on public places, the public life and movement on the roads have been obstructed. Here the petitioner appears to be wanting to continue with occupation of Temple around which he has also constructed shops, even though the same may be a high security armed forces area. This Court cannot assist in the grabbing of public land by such illegal devices, by claiming the same to be lands of religious denominations without any documentary proof.
The result is that we see no force in this writ petition, which is dismissed with costs.
Order Date :- 22.2.2012 AK