Clearing encroachments duty of state, not ours: SC

The top court made the remarks while hearing a matter related to Mahakaleshwar temple in Madhya Pradesh’s Ujjain district.

Clearing encroachments cannot be left to the judiciary as the state must take responsibility and act against them, the Supreme Court said on Thursday.

The Supreme Court had ordered the removal of all encroachment within 500 metres of the temple along with a slew of other directions for the temple’s maintenance and repair.

The top court made the remarks while hearing a matter related to Mahakaleshwar temple in Madhya Pradesh’s Ujjain district wherein, in September 2020, it had ordered the removal of all encroachment within 500 metres of the temple along with a slew of other directions for the temple’s maintenance and repair.

“The state cannot shut its eyes to its responsibility under law. Why do you (state) permit such encroachments to take place and then leave it for the court to pass orders? Why has this court been asked to step in and then you (state) say that we are throwing encroachers out because of the court order?” a bench of justices UU Lalit and Ajay Rastogi said.

“We see this happening day in and day out. Everytime an encroachment comes up, there is a public interest litigation (PIL). We issue a notice on the PIL and then political considerations come in. You (state) are under responsibility to clear the encroachment in the first place. Why cannot these political people (in government) take a decision?” the bench asked Mishra. .