Do 5 bricks, an idol make a religious structure: Delhi HC

The plea claimed that taking advantage and shelter of the illegal construction, people gather there and resort to rowdiness and gambling, and that the structure impedes full access to the petitioner’s property

The Delhi high court on Thursday observed that if a religious structure can be set up “just by putting up five bricks and an idol”, then the entire city would be encroached upon.

Justice Rekha Palli, while hearing a plea to demolish a tiny, makeshift temple in Defence Colony, said the religious committee cannot be asked to look into the relocation of makeshift structures like these. (Getty Images/iStockphoto)

Justice Rekha Palli, while hearing a plea to demolish a tiny, makeshift temple in Defence Colony, said the religious committee cannot be asked to look into the relocation of makeshift structures like these.

The plea, filed by a resident of Defence Colony, sought the removal of the encroachment which had come up in front of the petitioner’s property in Defence Colony. The plea said during the Covid-19 pandemic, somebody illegally constructed a temple on public land,a footpath, on Bhishma Pitamah Marg, which is right in front of the petitioner’s property.

The plea also claimed that taking advantage and shelter of the illegal construction, people gather there and resort to rowdiness and gambling, and that the structure impedes full access to the petitioner’s property.

However, on Thursday, additional standing counsel Anupam Shrivastava told the court that the religious committee is yet to decide on the demolition. He insisted that the authorities — i.e the public works department (PWD) — is not shying away from demolishing the temple, but due process has to be completed.

He said this was required since there might be a law and order issue in the area if the PWD goes ahead with the demolition, adding that the religious committee would look into whether sentiments would be hurt.

To this, the judge said, “Just a few bricks put up, you want to get the religious committee involved? If it is a big temple, then the religious committee can be considered. But if anyone puts a few bricks overnight, then will it be considered? If this is your view then you will have whole Delhi encroached upon. Anyone can place anything outside and say it’s over.”

“I am not satisfied with your stand,” justice Palli told the additional stand counsel, before adding, “It is not even a proper covered structure that you need the religious committee... It will lead to chaos. Tomorrow, if anyone puts up five bricks and one idol, will you consider the religious committee is all that I want to know.”

Senior advocate PV Kapur, appearing for the petitioner, contended that the structure has still not been removed. He described the structure as “tiny” and queried whether its demolition required the religious committee’s intervention.

The court too asked Shrivastava whether the intervention of the religious committee was required in the case of such a small structure, which is not even covered properly.

It granted time to the Delhi government to file an affidavit detailing the cases in which the religious committee is to be considered and posted the matter to next week for further hearing.