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The petitioner claimed that individuals were illegally building a temple in a public park within Awas Vikas Colony
The Allahabad High Court has directed the District Magistrate and the Station House Officer (SHO) of Moradabad to take appropriate action in accordance with law qua alleged illegal construction of a temple in a public park in Awas Vikas Parishad at Buddh Vihar, Majhola.
This direction was issued in a public interest litigation (PIL) filed by one Neeraj Kumar Tyagi. A division bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar, directed the Awas Evam Vikas Parishad, Moradabad, to submit a detailed application to the District Magistrate and SHO concerning the alleged unauthorized construction.
In its May 15 order, the court noted, "A perusal of the petition clearly indicates that constructions is going on in the park and despite the Awas Evam Vikas Parishad requiring the police to intervene and stop the illegal construction, apparently, nothing has been done either by the District Administration and/or the concerned police station."
The petitioner, Neeraj Kumar Tyagi, claimed that individuals were illegally building a temple in a public park within Awas Vikas Colony. Despite the executive engineer of Awas Vikas sending a junior engineer to halt the construction, the work continued. The executive engineer subsequently reported the issue to the Majhola SHO and, following a lack of response, escalated the matter to the District Magistrate. However, no action was taken, prompting Tyagi to file the PIL seeking the removal of the illegal structure.
During the hearing in the PIL, the petitioner’s counsel highlighted a government order from October 29, 2009, prohibiting the construction of religious structures on public roads, parks, and public places. He urged the court to direct the authorities to enforce this order and stop the illegal construction. Additionally, the petitioner sought the court’s permission to implead the persons involved in raising the construction as party respondents to the present petition.
The court has scheduled the next hearing for July 8, 2024.
Case Title: Neeraj Kumar Tyagi v. State Of Up And 7 Others
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