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The Delhi High Court today 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 of Justice Rekha Palli of the Delhi High Court 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 explained, "I don't prima facie find that permission is needed for (removing) two bricks put on a road."

The bench 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."

The Delhi Police had thereafter assured the court through DCP, South that it would provide full assistance to the Delhi government in its "demolition drive" to be carried out on Oct 4.

The submissions were made in a plea by one Shri. Viraht Sahni, filed seeking removal of an allegedly illegal encroachment before the building which the petition said was built taking advantage of the Covid-19 situation during the pandemic.

It was stated that during the pandemic someone had trespassed on the public land and constructed a temple there, at Bhishma Pitamah Marg, right in front of the petitioners' property and that taking advantage of this illegal construction people gather there to engage in gambling, drinking, and consuming other illegal substances. 

The plea stated that therefore the illegal construction and the gatherings together impede full access to the petitioners' new building plan, according to which it was intended that the old building would be fully demolished and a new one constructed with entrance from the Bhishma Pitamah Marg.

The plea therefore prayed for demolition of the permanent structure/mandir in order to "free the pavement/footpath for the use that it is meant for" and for police assistance for carrying out the said task.

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