In a significant move addressing unauthorized religious structures encroaching upon public spaces, the Gujarat High Court has been actively overseeing the state's compliance with directives aimed at their removal, relocation, or regularization. This initiative traces back to a suo motu Public Interest Litigation (PIL) initiated in 2006, focusing on unauthorized constructions and encroachments within the state.
Background of the Suo Motu PIL
The origins of this PIL are rooted in the Gujarat High Court's proactive stance in 2006, when it took suo motu cognizance of unauthorized constructions, particularly religious structures, encroaching upon public spaces. This action was in line with the Supreme Court's directives issued in a 2006 special leave petition, mandating all states and Union Territories to identify such unauthorized religious structures and formulate comprehensive policies for their removal, relocation, or regularization.
State's Compliance and Actions Taken
In response to the High Court's directives, the Gujarat government has undertaken several measures to address the issue of unauthorized religious structures:
Formation of Committees and Issuance of Notices: As per an affidavit submitted by the Secretary of the Home Department, the state has constituted committees at the municipal corporation and district levels. These committees are tasked with monitoring and supervising the removal of unauthorized religious structures. Consequently, 458 notices have been issued to occupants of such structures on public streets, parks, and other public places. Additionally, 2,067 notices have been published in local newspapers to raise public awareness, and meetings have been held with local religious leaders to sensitize them about the initiative.
Removal and Relocation Efforts: Between July and September 2024, the state reported the removal of 604 unauthorized religious structures from public places, including parks and streets. Of these, 318 were in district areas, and 286 were in municipal corporation areas. Furthermore, 87 religious structures were relocated, and six were regularized during this period.
High Court's Directives and Observations
The Gujarat High Court has been vigilant in monitoring the state's progress in this matter. In its order dated October 1, 2024, the court acknowledged the state's efforts and directed the government to submit a progress report detailing the identification and removal of unauthorized religious structures from public streets, parks, and other public places. The court emphasized the need for continuous monitoring and effective implementation of the Supreme Court's directives.
Challenges and Ongoing Efforts
The removal or regularization of unauthorized religious structures is a sensitive issue, given the potential for public unrest and the religious sentiments involved. The state has recognized this sensitivity and is approaching the matter cautiously, ensuring that actions are taken in a phased manner, considering ground realities and the magnitude of public hindrance caused by such structures. The formation of committees and the involvement of local religious leaders are steps aimed at ensuring community participation and minimizing resistance.
Conclusion
The Gujarat High Court's suo motu PIL on unauthorized religious structures underscores the judiciary's proactive role in ensuring compliance with constitutional mandates and the rule of law. The state's responsive actions, including the formation of monitoring committees, issuance of notices, and actual removal and relocation of unauthorized structures, reflect a commitment to upholding the directives of the Supreme Court. Continuous monitoring, community engagement, and adherence to legal frameworks remain crucial as the state progresses in addressing this complex and sensitive issue.
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