B.P.DAS, J. - (1.) IN these writ petitions, the notices of eviction issued against Pasupatinath and Ganesh Temple, Bije at Ganeshghat, as well as against Maa Dakhinakali Temple, Bije at Ganeshghat and Lord Radhe Krishna Temple located at Belly View in village-Subarnapur under Cuttack Sadar Tahasil, in the proceedings initiated under the Orissa Prevention of Land Encroachment Act, 1972 are under challenge. The action taken by the authorities of the State for demolition of the said temples and other unauthorized religious structures is on the allegation that such structures have been constructed unauthorisedly on public lands and on the lands reserved for park, community center and other public purposes in Cuttack City and within the areas of Bidanasi Housing Project and Sikharpur Housing Scheme of the Cuttack-Development Authority (CDA). IN all the aforesaid four writ petitions the common question which arises for determination is as to whether the unauthorized religious structures like Temple, Gurudwara, Mosque, Church, etc. can be allowed to continue over public street/public land. Therefore, all these writ petitions were heard together and are being disposed of by this common judgment.
(2.) THE brief facts leading to these writ petitions are as follows: Cuttack was a very old and small city. It has completed 1000 years and, therefore, it is called as a Millennium City. Off late, within 10-15 years, there are mushroom growth of construction of religious institutions on public roads/public places unauthorizedly making encroachments on public lands as well as the lands along side the river banks of Mahanadi and Kathajodi and the lands belonging to the CDA in the Bidanasi Housing Project area and Sikharpur Housing Project Area, which were kept reserved for community centers, parks and open space. Such lands have been forcibly taken over by certain persons and temples and cluster of temples have been constructed thereon. When eviction proceedings were initiated and demolition orders were issued, the petitioners have approached this Court. The issue relating to demolition of religious institutions on the Ring Road and on the embankment of river Kathajodi being a sensitive issue and looking into the far-reaching implications and consequences of the orders of demolition, apart from hearing the learned counsel for the petitioners, we have also heard the learned senior members of the Bar like Mr. B.B.Ratho and Mr.K.N.Jena. Learned counsel for the petitioners were of the view that the temples should not be demolished as some of the temples are very old and others like Radhe Krishna Temple of Shyama Shyama Satsang though has been constructed very recently, the same has made massive construction by spending a huge money. Mr. Ratho appearing as Amicus Curiae submitted that Ring Road is of recent origin and its construction was started in the early part of 1983 and was almost over by 1985. The temples, which were there on the side of both the rivers Mahanadi and Kathajodi, particularly the old temples, did not pose any serious problem so far as traffic was concerned but for the development of the Ring Road. It was further submitted that Cuttack City is a cosmopolitan city, and multi-lingual, multi-religious people are living in the city in harmony. The city has got several old temples, mosques, churches. Pir Stans, Gurudwaras and Jain Temples. At the same time those temples which have come up in recent past should not stand on the way of development of the city and/or create/cause public inconvenience. The sum and substance of the argument of Mr. Ratho is that the temples, which are within tolerable limit, should not be demolished. Mr.Sinha, learned Senior Counsel appearing for the petitioners in O.J.C. No.7556 of 2005, submitted that there should not be any public nuisance in the place of worship and there can not be any doubt that no temple causing obstruction on public road or creating public nuisance should be allowed to remain. According to Mr.Sinha, within last 15 years there has been mushroom growth of temples in the city and a number of temples have come up in the meantime and some of them have been constructed on the lands given on lease. According to Mr.Ratho, those temples which are ancient in nature should be allowed to remain. In Ganeshghat, there are two temples, namely, Ganesh Temple and Kali Temple, in one compound and the same are ancient in nature. The ROR of 1927 stands in the name of Kali temple, which exists for more than a century. Duting British time, the said temple was constructed and there has been no encroachment of Govt. land. No further construction has also been made there. Only some renovation and repair has been done. Ganeshghat is named after Lord Ganesh whose temple is there. People of the locality used to take bath in the river in the morning and offer their prayers in the said temple and no other function is held there except Kali Puja in the Kali Temple. If necessary, the same may be demarcated with reference to the ROR. Some of the temples are mainly used for the purpose of selling Bhog and Prasad and people have converted those temples to commercial institutions. According to him, temples which are ancient in nature should be allowed to remain. Ganesh Temple and Kali Temple are ancient temples and the 1927 R.O.R stand recorded in the name of Kali Temple. So, those temples should not be demolished. During the course of hearing of these cases, we directed the Tahasildar, Cuttack Sadar, to file an affidavit indicating the details of the temples constructed on both sides of the Ring Road leading from Khapuria Chhak to Sikharpur via Chahata including the nature of the lands over which such temples have been constructed. We also directed the CDA to furnish details of the temples and other religious institutions constructed unauthorizedly by encroaching the lands of the CDA in its housing project areas in Bidanasi and Mahanadi Vihar/Sikharpur. The Tahasildar and the Secretary, CDA, in terms of our order have filed separate affidavits furnishing the required information. The Tahasildar in his affidavit dated 5.8.2009 has annexed detailed lists of the temples and other religious institutions constructed on Govt. lands on the road leading from Khapuria Chhak to Sikharpur via Chahata as well as on private lands, vide Annexure-A series. From the aforesaid lists, it appears that 61 religious institutions have been constructed on Govt. lands and 15 religious institutions have been constructed on private lands. In the Hal Settlement RORs the religious institutions constructed over private lands have been recorded either in the names of the deities or the persons on whose lands such institutions have been constructed. In these cases, we are not concerned with the religious institutions which have been constructed over private lands. Therefore, the aforesaid 15 religious institutions constructed over private lands are excluded from the purview of these writ petitions. As regards other religious institutions, we find Sabik Settlement was done in the State of Orissa in 1927 and the Hal Settlement in Cuttack was done in the year 1986, the RORs of which were published in the year 1987. In our considered opinion, the religious institutions, which have been shown in the Hal Settlement RORs to have been existing, may not be demolished and effort be made by the authorities to regularize the same. But the religious institutions, which have been constructed after 1987, and do not find mention in the RORs of 1987, and have been constructed over Govt. lands unauthorizedly and without permission from the competent authorities, and can not be regularized, should be demolished. In this regard, the Revenue authorities are directed to prepare a list of such religious institutions where after two months' time shall be given for removal of the unauthorized structures along with the deities installed therein. If the said unauthorized structures along with the deities are not removed within the time granted for the purpose, the authorities will be at liberty to remove the deities and demolish the unauthorized structures. In terms of our order, the Secretary of the CDA has filed an affidavit on 24.7.2009 enclosing there with lists of religious institutions unauthorizedly constructed by encroaching different lay-out plots of the CDA in Sectors 6,7, 8,9,10 and 11 of Bidanasi Housing Project as well as in Sikharpur Housing Project in Mahanadi Vihar, vide Annexures A and B respectively. From the aforesaid lists, it appears that 6 religious strictures in Sector-6, 7 such structures in Section-7, 1 such structure in Sector-8, 8 such structures in Sector-9, 4 such structures in Sector-10 and 3 such structures in Sector-11 in Bidanasi Housing Project area and 6 such religious structures in Sikharpur Housing Project in Mahanadi Vihar have been constructed unauthorizedly and without permission of the competent authority of the CDA. From the aforesaid lists, we find that the religious structures have been constructed unauthorizedly on the plots reserved for various public purposes, such as parks, primary schools, community centers, roads, land bank, group housing, police stations, open space, public utility centers, saleable plots in different sectors of Bidanasi Housing Project by the residents of different sectors. According to the learned counsel for the CDA, all the aforesaid religious structures have been raised unauthorizedly and without permission of the CDA. As it appears, there are two types of unauthorized structures found in the housing project areas of the C.D.a. - the first is religious structures, like temples, etc. and the other constructions made by persons encroaching the land of the C.D.A. for use of the same either for their won residence or for some other purposes. In our opinion, since the religious structures have been raised unauthorizedly on the lands ear-marked by the C.D.A. for public purposes, such as, primary school, community centers, roads, police station, public utility centers, etc., the C.D.A. shall demolish the same after giving the encroachers two months' time to remove the deities from such structures. As to the unauthorized structures raised by the encroachers over the land of the C.D.A. for purpose of using the same as their residence or for some other purpose, the C.D.A. shall also give two months' time to such encroachers to make the land encroachment-free failing which it shall demolish such structures and make the land encroachment-free. Our attention was drawn to the order dated 29.9.2009 passed by the supreme Court in SLP ( C) No.8519 of 2006 (Union of India v. State of Gujarat and others). By the aforesaid order, the Supreme Court considering a similar question while issuing notice to all the States and the Union Territories, as an interim measure directed that henceforth no unauthorized construction should be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara, etc. on public streets, public parks or other public places etc. But in respect of unauthorized constructions of religious nature, which have already taken place, the Supreme Court in the said order directed the State Governments and the Union Territories to review the same on case to case basis and take appropriate steps as expeditiously as possible. We require a similar affidavit from the Chief Secretary and also direct him to take effective step against the officers, who are deliberately allowing construction of unauthorized religious structures and other structures on public places and are not taking any action against the persons undertaking such unauthorized constructions, even if the same is taken to their notice. That apart, the Chief Secretary is directed to form a Committee under the chairmanship of the Revenue Divisional Commissioner, Central Zone, Cuttack with the Commissioner of Police, Bhubaneswar-Cuttack Police Commissionerate, the Municipal Commissioner of the Cuttack Municipal Corporation and the Vice-Chairman of the C.D.A. as its members. The said Committee shall form Anti encroachment Squads consisting of personnel of the above four wings, i.e., the Revenue, Police, C.M.C. and C.D.A. and after dividing the city into different zones entrust each zone to one such Anti Encroachment Squad, which shall keep vigil on the encroachments and take effective steps against the encroachers at the appropriate time. The Anti Encroachment Squads shall be answerable to the Committee which shall sit once in two months to review the action taken by the Anti Encroachment Squads and take appropriate action in the matter. The Committee shall be formed within one month from the date of communication of this order. 11. The writ petitions are disposed of with the aforesaid directions but without any order as to costs. Let a copy of this judgment be sent to the chief Secretary, Govt. of Orissa, Bhubaneswar. Writ petition disposed of.;