Illegal religious structures: HC initiates suo motu proceedings
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Illegal religious structures: HC initiates suo motu proceedings

June 22, 2019

Bengaluru: The High Court of Karnataka yesterday ordered initiation of suo motu petition for monitoring the actions of the State Government against Temples, Churches, Mosques, Gurdwaras and other similar structures constructed illegally in public places, including parks and streets.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice H.T. Narendra Prasad issued the direction to the Registrar-General of the Court for initiating the petition while hearing a Public Interest Litigation (PIL) petition related to a temple built illegally by a group of private individuals in an area earmarked for a park by the Bruhat Bengaluru Mahanagara Palike (BBMP) in Police Colony of Rajajinagar. The PIL was filed by S. Ravichandra, a resident of Agrahara Dasarahalli.

The Bench issued the direction when it was brought to its notice by petitioner’s advocate N.P. Amruthesh about an order passed by the Supreme Court in 2009 in the case of Union of India Vs State of Gujarat directing all State Governments to review, case by case, all the existing religious structures constructed illegally in public places, and frame a policy for removal/relocation/regularisation of such illegal structures.

The Apex Court had directed all the States in 2009 that no such illegal constructions should be allowed henceforth. The Bench also noticed that the Supreme Court in January 2018 had asked the High Courts for monitoring implementation of its directions issued. While requesting the State Advocate General to assist the Court in the matter, it directed posting of the plea for hearing on July 2.

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