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A bench of Justice Rekha Palli of the Delhi High Court has directed the Delhi government to remove within 10 days, an illegally constructed temple on public land in South Delhi, noting that no religious activity was going on there.

The Court refused to accept the submission of the counsel for Delhi government that while the Court can order demolition, to take a decision on the matter, approval is first required from the Religious Committee set up for the purpose.

The bench remarked on the issue, “The whole city is taken for a ride for so many years. When the Supreme Court and High Court find encroachment, where is the question of Religious Committee?"

Referring to a note of the Lieutenant Governor which lays down the procedure in this regard and upon which the Aam Aadmi Party-led Delhi government was placing reliance, the Court enquired of the government, "Where does it say the Court cannot order demolition of illegal structure?”

Relying on a Supreme Court decision in this regard the Court said, "Once the Supreme Court has already directed that no unauthorized construction will be permitted in the name of a temple or gurudwara, there is no question why an encroachment should not be removed expeditiously so that it is not misused."

The Court also asked the SHO of the concerned police station to ensure that the idols put inside the illegal structure are placed in a nearby temple to preserve the sanctity of the idols, and to ensure sentiments of Hindus are respected.

The High Court thus allowed the petition seeking removal of encroachment.

However, Advocate Anupam Srivastava, appearing for Delhi government and Delhi Police, said that a proposal would again be sent to the Religious Committee headed by the Lieutenant Governor for seeking consent to demolish the structure. The Court refused to budge on the aspect.

Placing reliance upon a status report, the Court said, “I may note that the unauthorized structure is not being used as a religious structure as there is no priest and no offering given there."

It also pulled up the government for not fulfilling its stand to demolish the illegally constructed temple by October 4, in compliance with its own previous stand.

Background 

Previously, the Delhi High Court had expressed its refusal to accept the Delhi government's stand that prior approval is required for the demolition of every religious structure no matter how small as per an order of the Lieutenant Governor (LG) in this regard. 

The bench was hearing a matter pertaining to the removal of an allegedly illegally constructed temple in Delhi's Defence Colony area during the Covid-19 pandemic. 

Calling for a status report from the Delhi Police on the matter, the Court had explained, "I don't prima facie find that permission is needed for (removing) two bricks put on a road."

The bench added that it doesn't think that it could be the intent of the LG's order that the Government needs permission to remove "two bricks put on the road" in the garb of a temple.

On the Government's submission that as some pictures and idols of Hindu gods and goddesses were kept at the site therefore it classified as a Hindu temple, the Court said, 

"These things are kept outside the house also. Will that make it a religious structure?" 

It also questioned a police officer of the concerned jurisdictional police station as to to how old the construction was and what its size was.

The officer apprised the Court that it was a small structure, situated on a small space at the road. He also told the Court that there there was no specific date to ascertain when the structure had first emerged but that a new look was given to it by way of painting. 

With the buck merely being passed around from one to another and no clear answers in sight on whether permission from the LG was required in such cases also, the Court proceeded to direct the police for a status report on the overall functioning of the temple - the kind of visitors it gets, the offerings made, its size, etc.

In the past, the Aam Aadmi Party-led Delhi government had informed the Delhi High Court that it has a plan in place to remove an “illegally constructed temple” presumably built during the Covid-19 pandemic in Delhi’s Defence Colony area, in respect of which a resident of the area has approached the court.

The bench had issued notice in the petition seeking removal of the “illegal encroachment," and impleaded the Deputy Commissioner of Police (DCP), South as a respondent in the matter. It had also called for a status report by Oct 8.

The government, accepting advance notice on the matter had submitted that, it was "conscious of its duty" and had "already planned to demolish the illegal encroachment at the said site on Oct 4", however, "it would be necessary to have requisite police assistance to carry out the said demolition."

Cause Title: Sh. Viraht Sahni & Another vs Government of NCT of Delhi & Another