UNION OF INDIA (UOI) Vs. STATE OF GUJARAT AND ORS.
LAWS(SC)-2011-9-154
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on September 13,2011

UNION OF INDIA (UOI) Appellant
VERSUS
State of Gujarat and Ors. Respondents

JUDGEMENT

- (1.) I.A. No. 9 in SLP(C) No. 8519/2006: 1. Application for intervention is dismissed. STATE of MAHARASHTRA:
(2.) The State of Maharashtra has earlier filed an affidavit in which it was mentioned that there are 17,385 unauthorized religious structures on public lands in the State of Maharashtra. Pursuant to our order dated 27.07.2010 it was undertaken to frame a policy for removal, relocation and regularization of encroachments on public land. In the order it was also mentioned that the Chief Secretary of the State would file further affidavit within four weeks indicating therein that out of the total number of unauthorized religious structures how many of them have been removed, relocated and regularized. Mr. Dange, Chief Secretary to the Government of Maharashtra filed an affidavit in which it was mentioned that the following types of unauthorized religious structures on the government and public places shall be totally removed: (i) Encroachments the roads, footpaths and causing obstructions to traffic; (ii) encroachments on the land which are Order dated September 13, 2011 in SLP(C) No. 8519/2006 with W.P(C) No. 314 of 2010. reserved for public facilities or projects; (iii) encroachments which are obstructing important services of public nature such as Government offices, hospitals, educational institutions etc. In the affidavit it is also mentioned that the Government of Maharashtra has decided to form a Committee for the said purpose.
(3.) In the said affidavit it is also mentioned that a final decision in the matter of religious structures with a view to have a consistency in the matters of regularization/relocation of religious structures would be taken and appropriate rules would be framed. Unfortunately, even after a lapse of one year, we do not have the proper scheme or rules framed by the State of Maharashtra. We do not know what action the Committee had taken in the last one year.;


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