Daijiworld Media Network – Bangalore (SP)

Bangalore, Dec 10: In a significant judgment, the state High Court has held that demolition or eviction of unauthorized religious structures would be treated as illegal, if notices to this effect are not served on the concerned by the district deputy commissioners. An order this effect was passed by Justice Ashok B Hinchigeri, on Thursday December 9.

“Before clearing the illegally built structures on the road periphery or other public facilities, the deputy commissioners concerned should serve notices on the concerned. Neither the tahsildar, nor any other officials, have the authority to serve this notice,” the High Court said.

The High Court was disposing off a batch of petitions moved by the governing council of Lord Ganesha temple, office bearers of Vinayaka Seva Samiti and Hazrat Sikandar Shavali among others. All these entities are managing religious places built illegally in Srirangapatna town.

As these structures had been built illegally, the taluk tahsildar had served notices on the managements for their clearance. While staying demolition orders issued by other officials relating to these structures, the HC pointed out to the guidelines issued by the Supreme Court in this connection on December 2, 2009. The guidelines say that the illegal religious structures which hinder roads, parks or other public places, can be demolished by the deputy commissioners. An additional clause in the guidelines also says that in case of structures which are found to be constructed before December 2, 2009, and if they are not found to be hindering public activities and if there is no perception of  law and order problem because of their existence, they can be regularized. Even after regularization, the government will reserve the right to shift the same later to other places, it has been clarified.