Chattisgarh High Court
A Suo Moto Taken Writ Petition vs State Of Chhattisgarh 32 Wpc/1072/2018 ... on 29 August, 2018
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 1333 of 2018
A suo motu taken Writ Petition Versus State of Chhattisgarh
29/08/2018 This is an office reference.
Shri Shashank Thakur, Govt. Advocate for the
State.
This writ petition has been registered pursuant
to the direction issued by the Hon'ble Supreme Court
on 31.1.2018 while hearing interim applications in SLP
(C) No.8519/06. The Hon'ble Supreme Court referred
to its previous orders whereby directions were issued
that henceforth no unauthorized construction shall 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. In respect of
the unauthorized construction of religious nature,
which has already taken place, the State Government
and the Union Territories were directed to review the
same on case to case basis and take appropriate
steps as expeditiously as possible. On further date of
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hearing, the Chief Secretary and the Administrators of
the Union Territories were directed to issue circulars to
the Collectors and the District Magistrates to file
affidavit. On 16.2.2010, the Hon'ble Supreme Court
directed that it has become imperative to direct all the
States and the Union Territories to formulate
comprehensive policy regarding
removal/relocation/regularisation of the unauthorized
construction within 6 weeks.
Thereafter the Hon'ble Supreme Court in its
order dated 31.1.2018 issued the following directions:-
"To ensure the implementation of directions
issued by this Court, consensus has been arrived at
Bar and in our opinion, rightly, that the implementation
of the order should be supervised by the concerned
High Courts. We, consequently, remit the above
matters to the respective High Courts for ensuring
implementation of the orders in effective manner.
The concerned records be transmitted to the
respective High Courts. The interim orders wherever
passed, shall continue, until the matters are
considered by the High Court. In case any
clarification is required, it would be open to the parties
to approach this Court. The High Court will have the
jurisdiction to proceed in the Contempt of any of the
orders passed by this Court.
Pending applications shall also be transmitted
to the High Court."
Along with affidavit of the respondent/State,
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chart (Annexure-R/1 & R/3) has been annexed, however, the Committee formed by the Government has recommended to maintain status quo in respect of 10,399 structures without mentioning as to these structures have been raised prior to the interim order passed by the Hon'ble Supreme Court or thereafter.
Let a detailed district-wise report which should be bifurcated Tehsil-wise be submitted before this Court within 3 weeks.
List after 3 weeks.
Sd/-
Judge (Prashant Kumar Mishra) Barve