The Gujarat High Court scolded the State Government for a vague report on unauthorized religious structures. The court was unhappy with the unclear information about actions taken against these buildings.
Gujarat: The Gujarat High Court recently expressed dissatisfaction with the state government’s response regarding the issue of unauthorized religious structures in public spaces. In a session presided over by Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, the court ordered a more detailed affidavit from the government, highlighting the actions taken to address these structures.
The court’s directive came after reviewing the state’s initial affidavit, which was reported, and action had been taken against 23.33% of the identified unauthorized structures as of September 30, 2022. The ambiguity of the affidavit, failing to specify whether the actions were planned or executed, prompted the court’s demand for clarity.
“Further, we may note strong exception to the manner in which the affidavit has been filed by the Secretary, Home Department without giving any detail in the affidavit itself with regard to the nature of action taken in the matter of removal of unauthorized constructions in compliance of the directions issued by the Apex Court,” the Court added.
In 2006, the Gujarat High Court initiated suo motu proceedings in response to a demolition drive by the Vadodara Municipal Corporation aimed at removing religious structures encroaching upon public spaces. The court’s concern was to ensure compliance with the Supreme Court’s directives, issued to all states and union territories, to identify, remove, relocate, or regularize unauthorized religious constructions in public areas.
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In December 2022, the Gujarat High Court ordered the state government to submit a comprehensive affidavit detailing the steps taken in line with the Supreme Court’s guidelines. However, the court found the government’s response unsatisfactory, pointing out a lack of detail on the enforcement of these directives.
However, the bench headed by Chief Justice Agarwal found the affidavit filed by the state to be unclear and also took exception to the state’s submission for disposal of the case.
“The statement in the said affidavit that the petition be disposed of by this Court as the action plan that has been conceived by the State Government to take care of any further encroachment is wholly uncalled for,” the bench said.
The court addressed the Government’s suggestion to dismiss the petition based on a future action plan to prevent further encroachments as premature and unfounded. The absence of evidence explains the adherence to a government resolution issued on December 16, 2022, aimed at addressing this issue.
The Gujarat High Court has instructed the state government to provide a more detailed affidavit by February 27, outlining the actions taken against unauthorized religious structures.
Case Title: Times of India (Suo motu) vs. The Union of India and Ors.
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