Delhi HC stays gurdwara demolition near Yamuna
HC restrained MCD and DDA from demolishing an unauthorised gurdwara on the bank of Yamuna till June 14.india Updated: Jun 07, 2006 21:19 IST
Delhi High Court on Wednesday restrained the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) from demolishing an unauthorised gurdwara on the bank of Yamuna river till June 14.
Vacation judge BD Ahmed directed the MCD and the DDA not to take any coercive steps in the matter till the next hearing.
The court passed the order on a petition by Sant Rajinder Pal Singh of Gurdwara Sanjha Darbar, located on the western bank of the river near Sarai Kale Khan bus terminus in South Delhi.
Counsel for the petitioner Nawal Kishore Jha submitted that the gurdwara was located at a distance of 700 metres from the river's bank, and as per the court's orders structures were not allowed within 300 metres from the riverbank.
He said the land revenue records had also accepted the existence of the gurdwara, as the DDA had spared places of worship, including the gurdwara, while acquiring the land in the area.
However, DDA's counsel said the authority had acquired the land. But when the court asked him if mandatory procedures for acquiring land were fulfilled, he failed to reply.
The MCD counsel maintained that his client had not made any move to demolish the religious structure. He said the petitioner had moved the court on mere apprehensions.
A division bench of the court on June 1 directed the two bodies to demolish all unauthorised places of worship on river's banks. The bench said Section 4 of the Delhi Laws (Special Provisions) Act, 2006 - recently passed by parliament putting one-year moratorium on demolition of unauthorised constructions and sealing of commercial premises in residential areas in the capital - allowed removal of slum dwellers... in accordance with the relevant policies approved by the central government for clearance of land required for specific public purposes.