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GOVERNMENT OF ANDHRA PRADESH

ABSTRACT
Revenue Department – Framing of the Policy in respect of existing unauthorized
constructions of religious nature in public places / parks and public streets
and other places etc., on the Directions of the Hon’ble Supreme Court of India
in Petition (s) for Special Leave to Appeal (Civil) No.8519/ 2006 filed by union
of India Vs. State of Gujarat & Others Dated 7.12.2009- Policy Guidelines -
Orders – Issued
REVENUE (ASSIGNMENT –I) DEPARTMENT
G.O.MS.NO. 262 Dated:31-03-2010
READ: the following:-
1. From the Asst.Registrar, Judicial, Supreme Court of India, New Delhi
Certified copy of the orders in Petition (s) for Special Leave to Appeal
(civil) No.8519/ 2006 fled by union of India Vs. State of Gujarat &
Others Dated 7.12.2009 received on 17-12-2009.
2. Govt. Memo/ UO NoteNo.55539/ Assn.I(1)/2009, Dt:23-12-2009,
4.1.2010, 11.1.2010.
3. Govt. D.O.Letter No.55539/ Assn.I(1)/2009, Dated:09-03-2010,
addressed to the CCLA, HYDERABAD / and all the Principal
Secretaries of the Concerned Departments.
-::-
ORDER:-
The Hon’ble Supreme Court of India in Special Leave Petition in Civil
Appeal No.8519/2006 Dt.7-12-2009 passed the following interim orders:-
1) That no unauthorized religious constructions shall be carried out or
permitted in the name of Temple, Church, Mosque or Gurudwara
etc., on public Streets, Public Parks or other Public places etc.
2) That in respect of the unauthorized constructions of religious
nature which have already taken place, the State Governments
and the Union Territories shall review the same on case to case
basis and take appropriate steps as expeditiously as possible.
2. It was also directed that all the Chief Secretaries, in consultation with the
respective Governments, to frame the policy of removal in respect of existing
unauthorized construction of religious nature, which had already taken place.
3. On perusing the affidavits filed by State Governments and Union
Territories, the Supreme Court have given further directions on 16-2-2010 that;
i) State Governments to formulate a comprehensive policy regarding
removal/relocation/regularization of unauthorized religious
constructions within 6 weeks.
ii) That the Policy should clearly indicate within what period the
States and Union Territories are going to fully comply with the
Policy to remove/relocate/regularize the unauthorized
constructions
iii) That all the States and Union Territories to identify the
unauthorized constructions of religious nature on public streets,
public parks and public places within 6 weeks from the date of
orders
iv) In the terms of above orders, the State Government is required to
take appropriate steps as directed by the Supreme Court of India
and to file a compliance report within 6 weeks.
4. In pursuance with the above directions of Hon’ble Supreme Court of
India, the Govt. of Andhra Pradesh has held a series of meetings/discussions
with the various officials of the State Government and a preliminary survey has
been conducted and it is ascertained that 6,707 number of religious structures
are existing on public streets/parks/places etc. in the State. In the preliminary
survey it is also ascertained that out of 6,707 structures 2,224 religious
(p.t.o.)
::2::
structures are existing in the objectionable public places. It is further
submitted that the District Collectors and District Magistrates have reported
that the officials of Revenue, Municipal Administration, Panchayat Raj, Roads
and Buildings, Minorities Welfare and Irrigation Departments have stated that
they shall strictly abide by the directions of the Hon’ble Supreme Court of India
in not allowing any unauthorized religious structures in public places in
future. The Collectors and District Magistrates have further submitted that
some structures are found to be objectionable in nature and for their removal /
relocation / regularization, a further detailed survey has to be done and local
people have to be consulted, because any hasty step may lead to undesirable
law and order problems and may disturb public tranquility. The Collectors and
District Magistrates have also suggested that since the issue is highly sensitive
in nature, the religious structures already existing in the public places where
there is no objection from the people or there is no public inconvenience like
traffic congestions etc., may be allowed to continue and may be considered for
regularization after detailed survey on case to case basis. The Collectors and
District Magistrates have also reported that the unauthorized religious
structures existing on roads and highways which are causing obstruction to the
traffic and inconvenience to the public, such structures may be removed or
shifted in consultation with the local public after detailed review on case to case
basis.
5. Unauthorized religious structures may be classified into 3 categories
i.e., i) Temporary Structures, ii) Semi-Pucca and iii) Pucca structures. In the
first instance it is proposed to conduct detailed survey of all the unauthorized
religious structures existing on public streets, parks, and public places etc to
find out the extent of the area of encroachment made and also the nature of
structures i.e., temporary, semi-pucca / pucca structures, age of the structure,
details of the Management ie., whether being managed by the Endowment
Dept., Wakf Board or any Society of the Residents of the area or Private
individuals. After the survey, the same will be reviewed in the District level
Committee to be constituted consisting of officials from various Departments to
keep constant vigil for ensuring no further extension of the structure.
6. After completion of detailed survey, the status of each religious structure
constructed on Public Streets, Public Parks or other Public places etc. will be
reviewed and in the first phase, religious structures which are mostly temporary
in nature and have come up recently and creating severe traffic problems, will
be handled. To this effect, notices under the Rules in force will be issued to the
Management/Care Taker of such religious structure – to remove / relocate /
regularize the same on case to case basis.
7. The other religious structures which are mostly permanent in nature and
are existing since long time will be taken up in phased manner by involving the
Police/Revenue Officials/Managements of the religious structures and Local
People. It is also proposed to create awareness among the Residents
Organizations regarding the responsibility in removing the encroachments on
the road margins and not to allow any further encroachments.
8. After completion of detailed survey of the existing unauthorized religious
structures, they shall be segregated into 3 categories and for
removal/relocation/regularization of unauthorized religious structures, the
procedure to be followed, category wise is as shown below:-
Category-I: The unauthorized religious structures which are mostly
temporary in nature, come up recently easy to be removed
without law and order problem will be handled in Phase I.
Category-II: The unauthorized religious structures which are semi-pucca
in nature which can be removed by convincing the
Management and local people, will be handled in Phase II.
(p.t.o.)
::3::
Category-III: The unauthorized religious structures come up long back
which are mostly of permanent structures / very old,
existing since a long time and involves a lot of sentiments
can be removed only after detailed deliberations.
9. Government also direct that all the Collectors and District Magistrates
that whenever new lay outs are approved, provisions shall be made for such
structures to come up only in the lands earmarked for public purposes and only
with the proper permission in writing and a Committee under the chairmanship
of the Joint Collector /Addl. District Magistrate of the District with the District
Panchayat Officer, concerned Police Officials and the Municipal Commissioners
in the District as Members will be constituted. They shall review once in a
quarter for implementation of the policy for removal / relocation / regularization
of unauthorized religious structures as per the reports of detailed survey on
case to case basis and also to prevent any such structures coming up in public
places.
10. Government further direct that the temporary existing unauthorized
constructions of religious nature shall be removed / relocated within 6 months
on case to case basis through the District Level Committees under the
Chairmanship of Joint Collector of the respective districts, being constituted
separately.
11. To remove/ relocate / regularize the semi pucca & pucca existing
unauthorized constructions of religious nature, the District Level Committee shall
review on case to case basis and this process will be completed at the earliest..
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
RAJESHWAR TIWARI,
SECRETARY TO GOVERNMENT.

To
The Spl.C.S. & CCLA, Hyderabad.
Revenue (Endowments) Department.
Irrigation & ICAD Department
Minorities Welfare Department.
TR & B Department.
Municipal Administration & Urban Development Department.
Panchayati Raj and Rural Development Department
All the District Collectors in the State
The Advocate-on-Record,
Supreme Court of India, AP Bhavan,
New Delhi. (with a request appraise the same to the Hon’ble Court.)
Copy to :
PS to Chief Secretary to Govt.
PS to Prl.Secy. to C.M.
PS to Minister for Revenue
PS to Secretary to Govt.RT., Revenue
Addl.Secy.(RR)/ Asst.Secy.(KB) / Asst.SecyV) /
All the Sections in Revenue Department.
//FORWARDED::BY ORDER//

SECTION OFFICER.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Directions of the Hon’ble Supreme Court of India in Petition (s) for Special Leave to Appeal
(Civil) No.8519/ 2006 fled by union of India Vs. State of Gujarat & Others Dated 7.12.2009-
Instructions for Implementation of the directions of the Hon’ble Supreme Court of India to
removal / relocation/ regularization of the unauthorized religious constructions in public
places / parks and public streets and other places etc. and Constituting the District Level
Committee - Orders – Issued.
Revenue (Assignment –I) Department
G.O.MS.NO. 263 Dated:31-03-2010.
READ: the following:-
1. From the Asst.Registrar, Judicial, Supreme Court of India, New Delhi Certified
copy of the orders in Petition (s) for Special Leave to Appeal (civil) No.8519/
2006 fled by union of India Vs. State of Gujarat & Others Dated 7.12.2009
received on 17-12-2009.
2. Govt. Memo/ UO NoteNo.55539/ Assn.I(1)/2009, Dated:23-12-2009, 4.1.2010,
11.1.2010.
3. Govt. D.O.Letter No.55539/ Assn.I(1)/2009, Dated:09-03-2010, addressed to
the CCLA, HYDERABAD / and all the Principal Secretaries of the Concerned
Departments.
-::-
ORDER:-
The Hon’ble Supreme Court of India in a Special Leave to Appeal Civil No.8519/
2006, dated 7-12-2009 has passed interim orders:
(1) That no unauthorized construction shall be carried out or permitted in the name of
the Temple, Church, Mosque, or Gurudwara etc., on public streets, public parks or
other public places etc.””
(2) That in respect of the unauthorized construction of religious nature which has
already taken place, the State Governments and the Union Territories shall review
the same on case to case basis and take appropriate steps as expeditiously as
possible.””
2. In addition to the above orders, it was also directed that all the Chief Secretaries in
consultation with respective Governments were directed to frame the policy in respect of
the existing unauthorized construction of religious nature, which had already taken place.
3. The Hon’ble Supreme Court of India have given further directions on 16-02-2010 on
perusing the affidavits filed by all the States and Union Territories that—
(a) to formulate a comprehensive policy regarding the removal / relocation/
regularization of the unauthorized religious constructions within 6 weeks.
(b) that the policy should clearly indicate within what period the States & Union
Territories are going to fully comply with the policy to remove / relocate / regularize
the unauthorized constructions.
(c) That all the States & Union Territories to identify unauthorized constructions of
religious nature on public streets, public parks & public places within 6 weeks from
the date of orders.
(d) In terms of the above order the State is required to take appropriate steps as
directed by the Supreme Court and to file compliance report within 6 weeks.
4. In pursuance of the directions given by the Hon’ble Supreme Court of India, the
Spl.C.S. & CCLA, Hyderabad / the concerned Departments of the Secretariat of the
Government of Andhra Pradesh i.e., Revenue (Endowments) Department / Irrigation
(Projects Wing) (Irrigation Wing) Department / Minorities Welfare Department / TR & B
Department / Municipal Administration & Urban Development Department and Panchayati
Raj and Rural Development Department were requested to take immediate steps to issue
necessary action in compliance to the directions of the Hon’ble Supreme Court of India and
also to send draft policy along with required information.
5. Based on the information received from the Spl.CS & CCLA, Hyderabad and other
Concerned Departments of the Secretariat, Policy in respect of existing Unauthorized
constructions of Religious nature on Public Streets, Public Parks or at other Public Places
etc., in the State of Andhra Pradesh has been prepared and communicated to the Special
C.S. & CCLA, Hyderabad, / all the District Collectors in the State / and to the Concerned
Departments of the Secretariat for strict implication and compliance.
p.t.o.
::2::
6. All the Collectors and District Magistrates are also directed that whenever new lay
outs are approved, provisions shall be made for such structures to come up only in the
lands earmarked for public purposes and only with the proper permission in writing.
7. Government have decided to constitute a Committee under the chairmanship of the
Joint Collector /Addl. District Magistrate of the District with the District Panchayat Officer,
concerned Police Officials and the Municipal Commissioners in the District as Members..
8. Accordingly, Government hereby constitute the District Level Committees, under
the Chairmanship of Joint Collector of the respective districts for removal of the existing
unauthorized constructions of religious nature as per the policy guidelines issued in G.O.
Ms.No.262,Revenue (Assignment –I) Department, Dated 31-03-2010:
District Level Committee:-
Joint Collector, … ……..…………….……Chairman.
Addl.S.P……………………….……..….… Member.
D.R.O……………….……………………….Member – Convenor.
Municipal Commissioner……….……. …..Member.
D.P.O………… ………………………….Member
Dist.Minorities Welfare Officer… … ……..Member.
Asst.Commissioner….Endowments……..Member
Supdt.Engineer….Irrigation………… ……Member
Supdt.Engineer….R & B…………… …… Member
Any other officer invited by the Chairman.
9. They shall review once in a quarter for implementation of the policy for removal /
relocation / regularization of unauthorized religious structures as per the reports of detailed
survey on case to case basis and also to prevent any such structures coming up in public
places, and also to send the action taken reports to the Government from time to time
without fail through the CCLA, Hyderabad.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
RAJESHWAR TIWARI,
SECRETARY TO GOVERNMENT.

To
The Spl.C.S. & CCLA, Hyderabad.
Revenue (Endowments) Department.
Irrigation & ICAD Department
Minorities Welfare Department.
TR & B Department.
Municipal Administration & Urban Development Department.
Panchayati Raj and Rural Development Department
All the District Collectors in the State
The Advocate-on-Record,
Supreme Court of India, AP Bhavan,
New Delhi. (with a request appraise the same to the Hon’ble Court.)
Copy to:
PS to Chief Secretary to Govt.
PS to Prl.Secy. to C.M.
PS to Minister for Revenue
PS to Secretary to Govt.RT., Revenue

//FORWARDED::BY ORDER//

SECTION OFFICER.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Statues – Installation/Erection of Statues/Monuments in Major District Roads/Rural Roads in


A.P. State – Guidelines prescribed – Orders – Issued.

TRANSPORT, ROADS & BUILDINGS (R.I) DEPARTMENT

G.O.Ms.No.55 Dated : 8th April, 2003.


Read the following:-

From the CE(R&B) Roads, Hyderabad’ Lr.no.1762/TA.12/AE.6/2001,


Dt.27.9.2001.

ORDER:

In the reference read above, the Chief Engineer(R&B) Roads has requested
Government to issue guidelines on erection of Statues on roads in Andhra Pradesh State.

2. Government, after careful examination of the proposal, hereby issue the following
guidelines for installation/erection of statues/monuments.

1. No new statues should be permitted for erection on any R&B Roads henceforth by
the R&B Department. Existing statues that are located on traffic islands and not
obstructing view of the drivers/traffic may continue and the statues causing
inconvenience to the public accidents etc. shall be removed and kept in safer
places with the permission from the concerned authorities. Maintenance shall
however be done by the concerned Agencies/ Organisations/ Departments. Each
Executive Engineer shall maintain a list of statues in his jurisdiction and take up
with the concerned agency and formalize the responsibility of maintenance.

2. In regard to statues already approved for Hyderabad city, such statue erection
works should be completed within a period of one month from the date of issue of
this G.O. and henceforth no permission should be given by the Collector or
concerned authorities as the case may be for erection of new status without the
approval of Government (R&B Department).

3. For statues that have already been erected without proper permission, the
concerned Collector should review the structure with the concerned Statue
erection organisations and such statues should be removed or located with the
permission of the Collector or concerned authorities as the case may be following
the guidelines wherever necessary. Such organisations should be penalized for an
amount of Rs.10,000/- in case of erection without prior permission of the
Collector/concerned authorities as the case may be. They should also bear the cost
of relocation/removal of statues etc.

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4. If statues/monuments are unavoidable on roads, they should be located only on
large traffic islands, Public gardens, parks, premises of Government buildings,
town halls or places of public importance. In case, any approval of Government is
required, recommendation by a Statue Committee headed by the District Collector
and comprising Superintendent of Police, Superintending Engineers(R&B),
Chairman/CEO, Local Municipal Body, Superintending Engineers(PR),
Superintending Engineer (AP Transco) and the concerned Executive
Engineer(R&B) is mandatory. This Committee, which may also draft if necessary
representatives of other Departments, should examine all aspects before making
any recommendation including possibility of proposed statues obstructing the flow
of traffic, future expansion of roads & the design of the roads, the water supply
and sewerage pipe lines, electrical and telephone wires and cables as well as the
local situation. The size of the statue/ monument, metal used & the design should
also be considered and a site plan shall be prepared and approved by Committee
before forwarding to the Government.

5. The concerned organisation who wants to install/ erect the Statue/monuments


should procure land on payment of compensation to the concerned land owners/
concerned department as the case may be.

6. The concerned organisation/department should complete the erection works of


statues/monuments within a period of three months from the date of issue of
permission by the Collector or concerned authorities as the case may be.

7. In case, if any organisation fails to complete the erection of statue within the
stipulated period of three months from the date of receipt of permission, such
organisation should seek renewal of permission for a further period of three
months and if they fail to seek renewal, it will be construed that permission issued
will be deemed to have been cancelled.
8. Maintenance of the Statues/monuments, cost of erection, clearance of essential
services i.e. shifting/realigning etc, of electrical/telecom wires, drainage lines etc.
on the proposed site of erection of statue/monument on R&B road must be borne
by the sponsoring agency/department and in no circumstances will be borne by the
R&B department.

9. The organisation will have no claim on land, on which it is permitted to install the
statue/monument and the ownership of the land will continue to vest with the
Department.
10. After the approval from the Government is obtained, the sponsoring organisation./
department must also obtain the clearance of the municipal corporations/
municipalities/Urban Development Authorities/Panchayats/R&B department/
Electricity authorities/ Water/drainage authorities concerned wherever necessary
before actual execution.
11. The Agency/organisation/department responsible for maintenance of statue/
monument on R&B roads must be clearly spelt out and the concurrence of the
organisation obtained at the time of taking up the project. The organisation
responsible for maintaining the landscape of the area should also be clearly
specified.

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12. If any damage is caused to the erected statue/monument, it should be replaced
with a new statue/monument or repairs should be taken up within a period of one
month and completed and all the expenditure should be borne by the concerned
installation organisation, otherwise, the organisation may be penalized by the
concerned authorities for an amount of Rs.10,000/- for each month of delay.
13. The permission for erection of statues should be given only in exceptional cases.
Erection of statues at Road junctions or busy traffic points should not be
permitted.

14. The organisations seeking permission to erect statues should clearly indicate the
dates on which any function is likely to be organised in a year. The type of
function to be organized should not obstruct the traffic in any manner and period
of such functions, when permitted, should be very brief (not more than ten to
fifteen minutes)

15. Statues of persons with criminal record should not be permitted.

16. Statues that are likely to appeal to narrow sectarian ideologies, or likely to cause
disaffection amongst people or extol violence/hatred should not be permitted at
public places.
17. These guidelines are applicable for all R&B roads and the Right of way and also
the lands abutting to R&B roads.
18. An undertaking must be taken from the organisation that they will abide by the
decision taken by R&B Department from time to time in regard to
installation/erection of Statue/Monument.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

J.RAMBABU
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Engineer-in-Chief(R&B), Admn., Hyderabad.
The Chief Engineer (R&B) Roads, Hyderabad.
The Chief Engineer(R&B) National Highways, Hyderabad.
The Managing Director, Road Development Corporation, Hyderabad.
Copy to:
The MA & UD Department.
The P.R & R.D. Department/The Revenue Department.
The Energy Department/The Home Department
All District Collectors
The Director General of Police, Hyderabad.
All Superintendent of Police in the State.
The Commissioner, Municipal Corporation of Hyderabad, Hyderabad.
The Engineer-in-Chief, Panchayat Raj Department, Hyderabad.
The Commissioner, Panchayat Raj Department, Hyderabad.
The Commissioner, Hyderabad Metro Water Service & Sewerage Board, Hyderabad.
The Commissioner, Rural Water Supply, Hyderabad.
The Commissioner, Information & Public Relations, Hyderabad.
Joint Secretary to Chief Minister
P.S. to Minister (R&B)
P.S. to Chief Secretary
P.S. to Spl. C.S./P.A. to Joint Secretary (R) TR&B Dept.,
All Roads Section.
SF/SC
//FORWARDED BY ORDER//
SECTION OFFICER

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Office of the Chief Engineer (R&B)
Roads, Errummanzil, Hyderabad.

Memo No.40412/TA.12/AE/97 Dated 7-5-2003.

Sub:- R&B Department – Statues – Installation Erection of statues/


Monuments in M.D.R./ Rural Roads in A.P. State Guidelines
prescribed – communicated – Regarding.

Ref:- 1) G.O.Ms.No.55, Transport (R&B) Department, Govt. of A.P.,


dated 8.4.2003.

*****
A copy of the reference cited, is herewith communicated to all the Superintending
Engineer(R&B) dealing with the State (R&B) Roads for information and necessary action.

Encl.: Reference cited above.


Sd/-
For Chief Engineer(R&B)(Roads)

To

All the Superintending Engineers(R&B) dealing the state (R&B) Roads.

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