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Synopsis

The Delhi High Court on Monday sought responses from Centre and the Delhi government on a plea seeking removal of unauthorised religious structures from public spaces in the city.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee also issued notice to Delhi Police, PWD and the Municipal Corporation of Delhi (MCD) and sought their responses on the plea.

The PIL filed by five petitioners namely Preet Singh, Sunil Antil, Neeraj Chauhan, Rajesh, and Ashok Kumar Mittal, through Advocates Hari Shankar Jain, Vishnu Shankar Jain, Parth Yadav, Mani Munjal and Amita Sachdeva stated that several “illegal mosques, mazars and dargahs have been raised on public land, public parks and prominent public places unauthorisedly and illegally”, which is in violation of the directions of the Supreme Court.

“…. such illegal activities are rapidly increasing with intention to capture more and more land illegally and unauthorisedly in the name of pseudo religion due to which the national integrity and National Interest is being jeopardised”, the plea stated.

The plea also stated that such illegal constructions contribute to road accidents and may give rise to communal disharmony. “The situation is so alarming that such illegal activities might give rise to communal disharmony and is affecting public as well as law and order, but the Respondents are negligent in performing their constitutional responsibilities and duties,” it said.

Delhi government standing counsel Santosh Kumar Tripathi submitted that the issue raised by the petitioners was handled by the ‘religious committee’. “The panel deals with the presence of religious structures on public land along with the land owning agency”, he contended and suggested that the petitioners may approach the committee with their grievances.

The plea claimed that the public’s rights under Articles 14, 19, 21 and 25 of the Constitution are being infringed. It sought direction to ensure that “no religious or any type of constructions in the shape of mosque, mazar, dargah, graves or any other religious constructions whatsoever name it may be called, are constructed at public land, parks, playgrounds, roads, highways or any other place of public utility”.

Furthermore, the plea stated, “The Mazars at public roads are creating day to day trouble for the pedestrians. The persons holding the charge of mazars spread ‘Chadar’ and coerce the public to pay donations and in this way a huge amount is collected by adopting all nefarious acts. The matter becomes worse on Thursdays when the organizers collect huge amount of money creating superstitions in the mind of public. On Thursday evening even some times road is blocked by the organizers”.

“Quwwalis are organized and traffic is obstructed. The unsocial elements take advantage of the situation and a number of mis-happenings including outraging the modesty of women occur”, it added.

Case Title: Preet Singh & Ors. v. Union of India and Ors.