Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
VERSUS
CORAM :
HON'BLE MR. JUSTICE DALVEER BHANDARI
HON'BLE MR. JUSTICE DEEPAK VERMA
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 2 of 12
Mr. S. Thananjayan,Adv.
Mr. G. Prakash,Adv.
Ms. Beena Prakash,Adv.
Mr. V. Senthil,Adv.
Mr. A. Mariarputham,Sr.Adv.
Ms. Aruna Mathur,Av.
for M/S. Arputham, Aruna & Co.,Advs.
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 3 of 12
Mr. R. Nedumaran,Adv.
Ms. A. Subhashini,Adv.
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 4 of 12
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.
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
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 5 of 12
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.
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
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 6 of 12
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
ARUNACHAL PRADESH:
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
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 7 of 12
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:
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 8 of 12
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
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.
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
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 9 of 12
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:
STATE OF GOA:
The Chief Secretary of the State of Goa has filed
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 10 of 12
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
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
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 11 of 12
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.
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011
Page 12 of 12
http://judis.nic.in/temp/8519200612772010p.txt 1/30/2011