Srinagar: The High Court has sought details of public land on which religious structures have come up “illegally” by way of encroachment in J&K and Ladakh even as it “expected” a strict action for removal of these encroachments.
Observing that in terms of its order dated 3.9.2020, divisional commissioners of Jammu, Kashmir and Ladakh were expected to submit the details, the division bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar sought the information by October 1.
On 3.9.2020, the Court had directed the divisional commissioners to obtain from all the deputy commissioners the reports indicating all religious structures on public land, location of encroachment, area encroached and details of the encroacher.
The court had said the information should be complied within six weeks and placed before the Chief Secretaries of J&K and Ladakh, who in turn in consultation with the concerned competent authorities would take a policy decision to be placed before the court by November 9. “But till date no information has been placed before the Court,” the bench said while hearing on its own motion a Public Interest litigation.
The Court asked its Registry to find out the details of a similar PIL which is said to be pending before the Jammu wing and tag it with the petition on hand.
Advocate General D C Raina informed the court that he was collecting the necessary information of the encroachments which included the details from Jammu province and would furnish the same to it by October 1.
The Court granted the AG and T M Shamsi, ASGI appearing for the Union Territory of Ladakh six weeks’ time to furnish the desired information from the date on which it passed its order. “In the meantime, the authorities are expected to take strict action for removal of all religious illegal encroachments from public places,” it said.
Pertinently, the issue with regard to religious structures on public land by way of encroachment on streets, parks and other places— had come up before the Supreme Court in 2009.
After taking into consideration a letter sent by the Union Home Secretary to Solicitor General of India, the SC in its order dated 29 September 2009 had issued notices to all States and UTs after impleading them as party in the PIL.
Meanwhile, the SC had said that “no unauthorized construction shall be carried out or permitted in the name of temple, church, mosque or gurudwara on public streets, public parks or other public places.”