The state tells the Gujarat Supreme Court

On Tuesday (February 11), the Gujarat Supreme Court asked the state to gather and inform the decisions made by committees contained in municipal corporations and districts during the last quarter, regarding the removal/rehabilitation/regulation of unauthorized religious structures found in the public.

The Court stated that after taking into account the circular of April 2024, issued by the Government on the Constitution of Committees by municipal commissioners and collectors of districts at the level of each corporation and districts, listing various responsibilities and powers to eliminate unauthorized religious structures.

The court listened to the 2006 request for unauthorized structures and encroachment in the country.

Division Bench Chief Judge Sunita Agarwal and Justice Trives In their order dictated, “Along with the testimony of the Ministry of Internal Affairs, the Department of Internal Affairs, the Government of Gujarat dated 11.02.2025, it should be recorded that in terms of the guidelines the date of 19.04.2024 in the decisions and order of 29.09.2009, adopted by the Verkhovna Court, in the Union of India. Against Gujarat State (special leave for appeal No. 8519 of 2006, each corporation and districts, except for the appointment of nodal officers.

Effective steps have been taken to follow these instructions and 458 messages were issued to residents of unauthorized religious structures on public streets, parks and other public places. In local newspapers, 2067 reports were published to be aware of the public as a whole, and meetings were conducted with the local religious head, sensitizing them to facilitate the elimination of unauthorized religious structures from public places. “

The general lawyer stated that in order to effectively and quickly comply with the Supreme Court’s leadership, the state issued guidelines in which committees are drawn up, the review will be conducted by the Department of Internal Affairs on a quarterly basis for the implementation of management principles.

The state argued that although the removal or regulation or resettlement of unauthorized religious structures is “a sensitive problem”, but is perceived as “continuous and constant process.”

After that, the court said: “Taking the above, we can record that the Government Resolution of 19.04.2024 provides for committees consisting of a municipal commissioner and district collector to inform the vertex order to the relevant agencies. Node officers must be appointed by municipal commissioners and districts of districts to provide all necessary and necessary detailed data of the Committee“.

With regard to the powers and functions of the Committee, the Court stated that the Committee has the authority to review the status of all illegal structures and take measures with reference to removal, or rehabilitation, or regulation of all such illegal structures of religious nature located on public streets, public parks or other public places.

He noted that the Committee is also obliged to update the collected data on such structures; Make sure that no new illegal structure of religious nature is located on public streets, public parks and other public places. They are also obliged to take strict measures, including the filing of a criminal complaint in accordance with the provisions of the Law on the seizure of land against the persons responsible for the establishment of such illegal structures, he also noted.

He noted that the committee should submit the updated status as well as the steps taken by it in the relevant departments. He also noted that for any unauthorized religious encroachment on the government the government will have to take the necessary measures, and the income department will have to review it. The interested police/chief of police is also obliged to provide the necessary police to support the law and the order on a priority basis, when an operation is carried out with demolition to eliminate such unauthorized religious structures by interested bodies.

After that, the director, “We require the registration of the Government Resolution of 19.04.2024, we demand from the Chief Secretary of the Ministry of Internal Affairs, the Government of Gujarat for the collection of data on the functioning of committees, which are formed at the level of the municipal corporation and the district collector. Data on the decision made by the Committee over the last quarter, ie 3 months before the date, submitted to the court on the next date, after evaluating the said data by the Chief Secretary”.

Then the court managed the issue on March 4.

The name of the case: The Times of India (Suo-Motu) against Gujarat and ORS.

Case Number: SCA/9686 dated 2006