Delhi HC to govt: Does religious panel have to look into minuscule issues?

Justice Rekha Palli, while hearing a plea by a resident of Defence Colony who has sought to remove a makeshift temple in the area, prima facie agreed with the petitioner’s counsel who submitted that once the authorities have taken a stand to demolish a structure, a different view cannot be taken by sending the matter to the religious committee

The Delhi high court on Tuesday said there is no clarity as to whether the religious committee, constituted by the lieutenant-governor (L-G) Anil Baijal, is required to look into the removal of encroachments that are of minuscule nature, while hearing a plea over the removal of a makeshift temple at south Delhi’s Defence Colony.

The matter will next be heard in the Delhi high court on December 16. (File photo)

Justice Rekha Palli, while hearing a plea by a resident of the area who has sought to remove the encroachment, prima facie agreed with the petitioner’s counsel who submitted that once the authorities have taken a stand to demolish a structure, a different view cannot be taken by sending the matter to the religious committee.

“There is no clarity as to whether the religious committee, purportedly constituted under the orders of the L-G, is required to examine encroachment of such minuscule nature merely because certain idols are placed on the spot. There is also merit in submission by the senior counsel for the petitioner that once the respondent had undertaken before this court that steps were being taken to demolish the structure, a different view cannot be taken,” the judge said.

The court directed the station house officer (SHO) of the area concerned to depute an officer for 24 hours at the site and furnish a report with details of visitors to the structure, including those who collect offerings made by passersby.

Viraht Saini, a resident of Defence Colony, sought the removal of the makeshift temple in front of his property, claiming that it obstructed his right of way. The plea said during the Covid-19 pandemic, someone had built the structure illegally on the pavement of Bhishma Pitamah Marg, right in front of his house.

The plea also claimed that taking advantage and shelter of the illegal construction, people gather there and resort to rowdiness and gambling.

In October, the Delhi government had told the court that it will demolish the alleged encroachment.However, the court, during the proceedings, noted that the matter has now been referred to the religious committee and since the government has not given any clearance for the demolition, the counsel representing Delhi government was not in a position to state anything.

The judge also pulled up the additional SHO of the area who was present in the court and said it was because of his laxity that the situation had arisen.

On a specific query from the court, the police officer said it was a small structure, situated on the roadside, under a tree. He also submitted that there was no specific date to ascertain when the structure came up. He added that a “new look” has been given to the structure by painting it.

“Beat constable kya karte hai? Koi bhi kisi ke niche (under the tree) kuch bhi laga lega? (What does a beat constable do? Can anyone erect a structure anywhere they want?),” the court said.

The matter will be heard next on December 16.