The court was hearing a petition filed by a Defence Colony resident for removal of the “encroachment” made in front of his property. (File) The Delhi High Court Thursday pulled up the Delhi government for receding from its previous stand on demolition of an “illegally constructed” temple on a pavement in Defence Colony and said that its decision to refer the matter to the religious committee for approval will only lead to chaos and more encroachment in the national capital.
Justice Rekha Palli directed the government to place on record within three days a copy of the order by which the religious committee, which is headed by the Lieutenant Governor and deals with the issue of removal of encroachments in the form of religious structures, was constituted.
“I want to see what is the scope… whether this… just a few bricks put by somebody will fall within the scope of the religious committee’s mandate, that is the question. If there is a big temple, the religious committee may be needed but if somebody puts a few bricks overnight?” asked the court.
The court said it was not satisfied with the Delhi government’s stand because the encroachment in the area has come overnight and there “are just few bricks and 2-3 idols”.
“This will lead to total chaos. If tomorrow somebody puts only five bricks and puts an idol, you will say we need religious committee. Is that the purpose of the religious committee? Today somebody puts an idol outside the High Court or anywhere, you will say now it is a religious structure. There are five bricks lying there and now we will consider whether the religious committee will relocate them? This is not the way,” said the court.
The Delhi government told the court that even the land-owning agency wanted the structure removed but they have to follow the mandate of the religious committee first. “We are not shying away from removal but there is a process to be followed. Let that process be over,” submitted the government counsel, adding that there may be a law-and-order issue if the demolition is carried out.
However, the court said somebody can do anything overnight and it will not take even 3-4 hours to build such a structure. “If this is what your view is, then we will have the whole of Delhi encroached. Anybody will put anything. We are sitting in court, somebody will put something outside and we will say ‘alright, it is over’,” it added.
The court was hearing a petition filed by a Defence Colony resident for removal of the “encroachment” made in front of his property. On September 29, the government told the court that it has already planned to demolish the illegal structure and would require necessary police assistance for it. The matter will be heard again on October 26.
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