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ITEM NO.3 COURT NO.4 SECTION IX

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).8519/2006

(From the judgement and order dated 02/05/2006 in SCA


No.9686/2006 of the HIGH COURT OF GUJARAT AT AHMEDABAD)

UNION OF INDIA Petitioner(s)

VERSUS

STATE OF GUJARAT & ORS. Respondent(s)

(With appln(s) for intervention and with prayer for interim


relief and office report)
(FOR FINAL DISPOSAL)

Date: 27/07/2010 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE DALVEER BHANDARI
HON'BLE MR. JUSTICE DEEPAK VERMA

For Petitioner(s) Mr. Harin P. Raval, ASG


Ms. Sadhana Sandhu,Adv.
Mr. S.N. Terdal,Adv.
for Mr. P. Parmeswaran,Adv.

For Respondent(s) Mr. D.L. Chidananda,Adv.


Ms. Priyanka Mathur,Adv.
Mrs. Anil Katiyar,Adv.

Mr. T.S. Doabia,Sr.Adv.


Mr. D.S. Mahra,Adv.
Mr. Sudarshan Singh Rawat,Adv.

Mr. Koshal Pandaya,Adv.


Mr. S.C. Patel,Adv.
Mr. S. Bhowmik,Adv.
2

Mr. Pramod Swarup,Sr.Adv.


Mr. S.K. Dwivedi,Adv.
Ms. Vandana Mishra,Adv.
Mr. Manoj Kr. Sharma,Adv.

Mr. Anil Shrivastav,Adv.


Mr. Ritu Raj,Adv.

Mr. Ashutosh Sharma,Adv.


Mr. Gunnam Venkateswara Rao,Adv.

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Ms. Hemantika Wahi,Adv.


Ms. Nupur Kanungo,Adv.

Mr. Manu Nair,Adv.


Mr. Kirat Singh Nagra,Adv.

Mr. Manu Nair,Adv.


Mr. Kirat Singh Nagra,Adv.
for M/s. Suresh A. Shroff & Co.,Advs.

Mr. Navneet Kumar,Adv.


for M/S. Corporate Law Group,Advs.

Mr. Edward Belho,Adv.


Mr. P. Athuimei R. Naga,Adv.
Mr. K. Enatoli Sema,Adv.

Mr. Khwairakpam Nobin Singh,Adv.


Mr. Sapam Biswajit Meitei,Adv.

Mr. Tara Chandra Sharma,Adv.


Ms. Neelam Sharma,Adv.

Ms. C.K. Sucharita,Adv.


Ms. Nirada Das,Adv.

Mr. S. Thananjayan,Adv.

Mr. G. Prakash,Adv.
Ms. Beena Prakash,Adv.
Mr. V. Senthil,Adv.

Mr. Ajay Pal,Adv. (not present)

Mr. V.G. Pragasam,Adv.


Mr. S.J. Aristotle,Adv.
Mr. Prabu Ramasubramanian,Adv.

Mr. Ranjan Mukherjee,Adv.


3

Mr. Kamal Mohan Gupta,Adv. (not present)

Mr. A. Mariarputham,Sr.Adv.
Ms. Aruna Mathur,Av.
for M/S. Arputham, Aruna & Co.,Advs.

Dr. Manish Singhvi,AAG,Raj.


Mr. Devanshu Kumar Devesh,Adv.
Mr. R. Gopalakrishnan,Adv.

Mr. Gopal Singh,Adv.


Mr. Manish Kumar,Adv.
Mr. Rituraj Biswas,Adv.

Mr. Atul Jha,Adv.


Mr. Dharmendra Kumar Sinha,Adv.

Mr. Gopal Prasad,Adv.

Mr. Vikas Upadhyay,Adv.

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Mr. B.S. Banthia,Adv.

Mr. Shibashish Misra,Adv.

Mr. Divyesh P. Singh,Adv.


Ms. Kamini Jaiswal,Adv.

Mr. Naresh K. Sharma,Adv.

Mr. Anis Suhrawardy,Adv.

Mrs. D. Bharathi Reddy,Adv.

Mr. Balaji Srinivasan,Adv.

Mr. R. Nedumaran,Adv.

Ms. Anitha Shenoy,Adv.

Ms. A. Subhashini,Adv.

Mr. Sanjay Kharde,Adv.


Ms. Asha Gopalan Nair,Adv.

Mr. Milind Kumar,Adv.

Ms. Rachana Srivastava,Adv.

Mr. S.K. Sabharwal,Adv.


4

UPON hearing counsel the Court made the following


O R D E R

STATE OF MADHYA PRADESH:

In pursuance to the directions of this Court, the


Chief Secretary of the State of Madhya Pradesh has filed
an affidavit dated 22nd July, 2010 in which it has been
mentioned that, on the basis of the report received from
the District Collectors and District Magistrates, they
have identified 51,624 unauthorizedly constructed
religious places on public streets, public places and
public parks, in the State of Madhya Pradesh. Out of
these structures, 353 structures have been removed, 88
structures have been relocated and 338 structures have
been regularized.

We expect the State of Madhya Pradesh to deal with


the remaining unauthorizedly constructed structures, on
priority basis, on the strength of orders of this Court
and on the strength of the Madhya Pradesh Sarvajanik
Sthan (Dharmik Bhawan Evam Gatividhiyon Ka Viniyaman)
Adhiniyam, 2001.

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We direct the Chief Secretary to file further


affidavit giving therein the exact status of the
unauthorized constructions on public streets, public
places and public parks in the State, within four weeks
from today.
5

STATE OF KARNATAKA:
The Chief Secretary of the Government of Karnataka
has filed an affidavit in pursuance of the directions
passed by this Court on 29.9.2009 and 7.12.2009 in which
it has been mentioned that directions have already been
issued to the Deputy Commissioners and District
Magistrates/Addl. Deputy Commissioners and Addl. District
Commissioners to ensure that no unauthorized religious
constructions, like temples, churches, mosques,
gurudwaras etc. whould be allowed to come up on public
streets, public parks and public places.

Learned counsel for the State of Karnataka submits


that on the basis of the chart which has been annexed to
the affidavit, there are 2814 unauthorized religious
constructions on the public roads, public park and public
places. She has also drawn our attention to the policy
which has been formulated by the State of Karnataka in
which it is mentioned that in pursuance of the directions
issued by this Court, the entire process of removing,
relocating or regularising the unauthorized constructions
shall be completed by 31st December, 2010.

We direct the Chief Secretary to file further


affidavit indicating the latest position with regard to
the removal, relocation and regularisation of the
unauthorized religious constructions, within four weeks
from today.

STATE OF U.P.:
The Chief Secretary of the State of U.P. has filed
an affidavit dated 25.1.2010 in which they have quoted
the orders of this Court dated 29.9.2009 and 7.12.2009.
6

We direct the Chief Secretary to file a


comprehensive affidavit on the basis of the reports/
affidavits received from the District Collectors and
Magistrates from all the districts in the State of U.P.,
indicating the total number of unauthorized religious
constructions on public land, public park and public
places and also indicating as to how many of them have
been removed, relocated and regularized. Let that
affidavit be filed within four weeks. We direct that the
guidelines formulated by the State of U.P. may also be
annexed along with the affidavit.

STATE OF WEST BENGAL:

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The Chief Secretary of the State of West Bengal


has filed an affidavit annexing therewith a copy of the
policy of the Government, in which it has been clearly
mentioned that no new unauthorized constructions in the
name of temple, mosque or Gurdwara, on public street,
public land or public places would be allowed. The
Government departments and local bodies, such as
Panchayats and municipalities would detect and stop such
unauthorized religious constructions.

Regarding the existing structures, the Government


realises that the unauthorized structures should be
removed from public places. It is further stated that
keeping in view the sensitive nature of the work, the
Government would have to deal with the problem
cautiously. The Guiding principle will be to remove
unauthorized structures from public places.
7

According to the policy, the entire survey as


contemplated by this Curt, will be complete by 31 July,
2010. Since the survey is likely to be concluded very
shortly, we would like the Chief Secretary to annex a
copy of the survey report along with his affidavit. Let
the affidavit be filed within four weeks. The affidavit
should indicate the number of existing unauthorized
constructions on public lands, public streets or public
places and also indicate as to how many such structures
have been removed, relocated or regularized.

STATE OF CHHATTISGARH:
The State of Chhattisgarh has filed an affidavit
in which it has been mentioned that they have surveyed
all the unauthorized religious structures in the State.
What was directed by this Court was to indicate as to
which are unauthorized religious structures on public
streets, public lands or public places and as to how
many of them have been removed, relocated or regularised.

We direct the Chief Secretary of the State of


Chhattisgarh to file a proper affidavit, within four
weeks from today, giving therein the details on the
pattern of the chart as has been prepared by the State of
Madhya Pradesh.

STATE OF GUJARAT:
In pursuance to the directions of this Court, an
affidavit has been filed by the Additional Secretary
(Home) on behalf of the State of Gujarat. As per the
said affidavit, the State of Gujarat has about 15,000
unauthorized religious constructions on the public
streets, public roads or public places.
8

Learned counsel for the State of Gujarat prayed


for time to furnish details as to how many of them have
been removed, relocated or regularized. Let an affidavit

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be filed by Chief Secretary indicating the latest


position with regard to the removal, relocation and
regularisation of the unauthorized religious
constructions, within four weeks from today.

STATE OF JHARKHAND:
In the earlier affidavit dated 21 January, 2010,
filed on behalf of the State of Jharkhand, it was
indicated that 1502 unauthorized religious constructions
on public land have been identified. It is further
mentioned that the State has formulated a new policy on
22.7.2010 and various committees have been set up to
arrest the menace of unauthorized constructions but no
details have been given.
We direct the Chief Secretary of the State to file
a comprehensive affidavit dealing with the entire
problem, particularly mentioning as to how many
unauthorized religious constructions have been removed,
relocated or regularised, within four weeks from today.

STATE OF HARYANA:
No one is present on behalf of the State of
Haryana.
The Chief Secretary of the State of Haryana has
indicated in the affidavit that the State Government has
already formulated a policy regarding the removal,
relocation and regularization of the unauthorized
religious constructions in the State. From the affidavit
it is not clear as to how many unauthorized religious
constructions have been removed, relocated or
regularised.
9

We direct the Chief Secretary of the State to file


a comprehensive affidavit, within four weeks from today,
giving therein as to how many unauthorized religious
constructions have been removed, relocated or
regularised.

ARUNACHAL PRADESH:

The Chief Secretary of the State of Arunachal


Pradesh has filed an affidavit in which it has been
mentioned that there are no unauthorized constructions of
religious nature on public land or public park and an
assurance has been given to the Court that in future, no
unauthorized constructions of such nature shall be
permitted to be carried out in the entire State of
Arunachal Pradesh. Hence, no further affidavit is
required to be filed.

HIMACHAL PRADESH:
The Chief Secretary of the State of Himachal
Pradesh has filed an affidavit in which it has been
mentioned that in pursuance of the directions of this
Court, the State Government has already formulated a

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policy to deal with the unauthorized religious


constructions on public lands, public parks or public
places. It has been indicated therein that about 4,000
structures are unauthorized in the State of Himachal
Pradesh but it is not clear as to how many of them have
been removed, relocated or regularised.
We direct the Chief Secretary of the State to file
further affidavit mentioning therein as to how many
unauthorized religious constructions have been removed,
relocated or regularised, within four weeks from today.
10

STATE OF JAMMU & KASHMIR:

The Chief Secretary of the State of Jharkhand has


filed an affidavit in which it has been mentioned that
total number of encroachments on public land is 1142.
We direct the Chief Secretary of the State to file
further affidavit mentioning therein as to how many
unauthorized religious constructions have been removed,
relocated or regularised, within four weeks from today.

STATE OF ORISSA:
The Chief Secretary of the State of Orissa has
filed an affidavit in which it is indicated that the
total number of unauthorized constructions on public land
is 15,708 but the details thereof have not been given as
to how many of them have been removed, relocated or
regularised.
We direct the Chief Secretary of the State to file
further affidavit mentioning therein as to how many
unauthorized religious constructions have been removed,
relocated or regularised, within four weeks from today.

CHANDIGARH:
The Chief Secretary of the Union Territory of
Chandigarh has filed an affidavit in which it has been
mentioned that total number of unauthorized constructions
in the Union Territory of Chandigarh is 285.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of 285 unauthorized constructions, have
been removed, relocated or regularised.
11

STATE OF TRIPURA:

The Chief Secretary of the State of Tripura has


filed an affidavit in which it has been mentioned that
there are 85 unauthorized religious structures on public
land in the State of Tripura, but no details thereof has
been given.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of 85 unauthorized religious structures,

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have been removed, relocated or regularised.

STATE OF MEGHALAYA:
The Chief Secretary of the State of Meghalaya has
filed an affidavit in which it has been mentioned that
there are 17 unauthorized structures in the State of
Meghalaya and the policy of removing, relocating or
regularizing the unauthorized religious structures has
yet not been finalized. He has prayed for some time for
this purpose.
We direct the Chief Secretary to file further
affidavit, within four weeks, indicating the number of
unauthorized religious structures which have been
removed, relocated or regularized.

PUDUCHERRY:
The Chief Secretary to the Government of
Puducherry has filed an affidavit in which it has been
mentioned that there are 515 unauthorized constructions
of religious nature on public streets, public parks and
public places. It has been further mentioned that the
concerned Collector has been directed to remove, relocate
12

and regularise those structures within one year. We would


like the Chief Secretary of the Union Territory of
Puducherry to file further affidavit as to submit the
latest status report.

STATE OF KERALA:
The Chief Secretary of the State of Kerala has
filed an affidavit in which it has been mentioned that
the District Collectors have identified 901 cases of
encroachments on public lands. It has further been
mentioned that the Cabinet Sub Committee met and took
stock of the situation to prevent further encroachment on
public land. We direct the Chief Secretary to ensure
that the policy for removal, relocation or regularization
of the unauthorized constructions must be formulated
within four months from today.

We direct the Chief Secretary to also file further


affidavit, within four weeks, mentioning therein as to
how many of them have been removed, relocated or
regularised.

STATE OF PUNJAB:
No one is present on behalf of the State of
Punjab.
The Chief Secretary of the State of Punjab has
filed an affidavit in which it has been mentioned that
they have detected 837 unauthorized religious structures
on public land, but no details has been given.
We direct the Chief Secretary to file further

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affidavit, within four weeks, mentioning therein as to


how many, out of 837 unauthorized religious structures,
have been removed, relocated or regularised.
13

STATE OF BIHAR:
We direct the Chief Secretary of the State of
Bihar to file a comprehensive affidavit indicating the
total number of unauthorized religious structures on
public lands, public parks or public places in the entire
State of Bihar, within four weeks from today.

STATE OF UTTARAKHAND:
The Chief Secretary of the State of Uttarakhand
has filed an affidavit in which it has been mentioned
that the State has identified 3,647 unauthorized
religious constructions, but no details thereof has been
given.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of 3,647 unauthorized religious
constructions, have been removed, relocated or
regularised.

STATE OF RAJASTHAN:
The Chief Secretary of the Government of Rajasthan
has filed an affidavit in which it has been mentioned
that there are 58,253 unauthorized religious
constructions on public roads, public streets and public
places, but details thereof have not been given.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of 58,253 unauthorized religious
constructions, have been removed, relocated or
regularised.
14

STATE OF MANIPUR:

The Chief Secretary of the State of Manipur has


filed an affidavit in which it has been mentioned that
there are total number of 188 unauthorized religious
structures on public lands, but no details thereof have
been given.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of those 188 unauthorized religious
structures, have been removed, relocated or regularised.

STATE OF GOA:
The Chief Secretary of the State of Goa has filed

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an affidavit in which it has been mentioned that there


are 977 unauthorized religious structures on public lands
in the State, but no details thereof have been given.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein as to
how many, out of 977 unauthorized religious structures,
have been removed, relocated or regularised.

NCT OF DELHI:
An affidavit has been filed by the Principal
Secretary (Revenue)-cum-Divisional Commissioner on behalf
of NCT of Delhi wherein it has been mentioned that there
were 20 unauthorized religious structures in the area of
Delhi Development Authority, out of them, 7 have been
removed, 12 are yet to be removed and 1 has been
considered for regularisation. Similarly, there were 7
unauthorized religious structures in the area of
Municipal Corporation of Delhi, out of which 1 has been
15

removed, 6 are yet to be removed. Similarly, there were


4 unauthorized religious structures within the area of
Public Works Department on public land, out of them, 2
have been removed and 2 are yet to be removed. In the
area of N.D.M.C., there is only one unauthorized
religious structure which has not been removed. In the
office of Divisional Commissioner, there were 4
unauthorized religious structures and out of them, 1 has
been regularised, 2 have not been removed and action has
been taken against 1. In the area of Central Public Works
Department, Government of India, there are 2 unauthorized
religious structures on public llands and they are yet to
be removed. In the area of Delhi I.G.I. Airport, there
were 13 unauthorized religious structures and 7 of them
have been removed and 6 have not been removed. In the
area of Land and Development Office, Government of India,
there are 2 unauthorized religious structures and out of
them 1 has not been removed and information regarding
another is awaited.
We direct the Chief Secretary to file further
affidavit, within four weeks, mentioning therein the
total number of unauthorized religious structures and how
many of them have been removed, relocated or regularised.

STATE OF ASSAM:
The Chief Secretary of the Government of Assam has
filed an affidavit in which it has been mentioned that in
pursuance of the directions of this Court, the State of
Assam has formulated a policy but the same has yet not
been applied to identify the total number of unauthorized
religious constructions on public lands.
16

We direct the Chief Secretary to file a


comprehensive affidavit, within four weeks, giving
therein the total number of unauthorized religious
structures on public lands and also indicating as to how

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many have been removed, relocated or regularised.

STATE OF MAHARASHTRA:
The Chief Secretary of Maharashtra has filed an
affidavit indicating that there are 17,385 unauthorized
religious structures on public lands in the State of
Maharashtra. It is further indicated that the Government
is in the process of framing a policy for removal,
relocation and regularization of the encroachments on
public lands.
We direct the Chief Secretary to file further
affidavit, within four weeks, indicating therein that out
of the total number of unauthorized religious structures,
how many of them have been removed, relocated or
regularised.

STATE OF TAMIL NADU:


The Chief Secretary of the State of Tamil Nadu has
filed an affidavit in which it is stated that there are
77,453 unauthorized religious structures on public lands
in the State of Tamil Nadu. It is further indicated that
the Government has framed a policy for removing the
unauthorized religious structures on public lands.
We direct the Chief Secretary to file a
comprehensive affidavit, within four weeks, indicating
therein that out of the total number of unauthorized
religious structures, how many of them have been removed,
relocated or regularised. A copy of the policy be filed
along with the affidavit.
17

STATE OF ANDHRA PRADESH:


The Chief Secretary of the State of Andhra Pradesh
has filed an affidavit in which it has been mentioned
that the Government of Andhra Pradesh has held a series
of meetings/discussions with various officials of the
State and a preliminary survey has been conducted. It is
further indicated that they identified 6707 unauthorized
religious structures existing on public streets/parks/
places in the State of Andhra Pradesh, out of which 2224
religious structures are existing in the objectionable
public places.
We direct the Chief Secretary to file further
affidavit, within four weeks, indicating therein that out
of the total number of unauthorized religious structures,
how many of them have been removed, relocated or
regularised.

NAGALAND, SIKKIM, MIZORAM AND LAKSHADWEEP:


Affidavits have been filed on behalf of these
States/Island indicating that there are no unauthorized
religious structures on public lands in those
States/Island and hence no further affidavit is required
to be filed by them.

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ANDAMAN AND NICOBAR ISLANDS:


An affidavit has been filed by the Deputy Resident
Commissioner of Andaman and Nicobar Islands on behalf of
the A & N Administration in which it has been mentioned
that there are 285 religious structures on public lands
in South Andaman District and 38 religious structures in
North and Middle Andaman District on public lands.
18

We direct the Administrator of the Andaman and


Nicobar Islands to file further affidavit mentioning
therein as to how many of them have been removed,
relocated or regularised, within four weeks from today.

DAMAN & DIU AND DADAR & NAGAR HAVELI:

In the affidavits filed on behalf of these Islands,


it has been mentioned that there are 87 unauthorized
religious constructions in Daman & Diu and 28 unauthorized
religious constructions in Dadar and Nagar Haveli.
The Administrators of these Islands are directed to
file further affidavits within four weeks from today,
mentioning therein the total number of unauthorized
structures on public lands and as to how many of them have
been removed, relocated or regularised, within four weeks
from today.

List this matter for further directions on 14th


September, 2010.

(A.S. BISHT) (NEERU BALA VIJ)


COURT MASTER COURT MASTER

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