Document Fragment View
Fragment Information
Showing contexts for: demolition plan in Noori Nagina Masjid, Nagpur Thr. Its ... vs State Of Maharashtra, Thr. Its ... on 19 September, 2018Matching Fragments
1B Mantralaya, Mumbai- 400 032, dated: 5th May, 2011 Read Government Resolution No. CTM-0909/C.R.558/ :- (Part-II)/SB-1B, Home Department, Mantralaya, Mumbai- 400 032, dated 4th October, 2010 and 14th March, 2011 Introduction :- The Hon'ble Supreme Court in view of the directions given on 29.9.2009 and onwards in Petition for Leave to Civil Appeal No. 8519/2006 regarding demolition/ shifting/ regularization of unauthorized religious places, ordered the State Government to determine the policy, take review of every unauthorized religious places place-wise and prepare Time-bound Action Plan for demolition, shifting or regularization of such unauthorized religious places.
Category B is required to be of such structures which on account of law and order, obstruction to the traffic or on account of Development Plan/ Development Control Rules or for any other reason cannot be regularized. Such structures are required to be put in Category B and included in the list of the structures which are required to be demolished.
16. Sub-clause (iv) of Clause (3) of the said G.R. would reveal that after the draft plan for regularization /demolition is prepared by 33 WP6177-06.odt the Committee, the Committee shall publish the list of such classified structures and plan for regularization/demolition of such structures in the local newspaper. It also requires the public to be put on notice that the said structures are found liable to be demolished or entitled to be regularized and if anyone has any objection with regard to the same, such objections should be sent to the District Level/Municipal Corporation Level Committee, within a period of one month.
17. Sub-clause (v) of Clause (3) of the said G.R. would further reveal, that if any person/institution raises objection with regard to the proposed plan of demolition/regularization of unauthorized structures, then the District Level/ Municipal Corporation Level Committee shall give an opportunity of hearing to such a person/institution, if the same is demanded. It further provides that with respect to any unauthorized religious structure, if the people residing in the local area make a demand on account of public sanction or on account of local traditions and customs, for regularizing the said unauthorized religious structure, then such persons/institutions should be called upon to give evidence in support of their claim and be also offered an opportunity of hearing. It further provides that, if any institution or group of people proposes for relocation of a particular unauthorized religious structure, then the Committee should examine the viability of the place to which such structure is to be relocated. While doing so, it is 34 WP6177-06.odt required to be ensured that the consent of the owner of the land is obtained and further there is no obstruction to the traffic. It is further required to be ensured that on account of such relocation, there shall be no violation of the development plan/ Development Control Rules. It is further required to be ensured that on account of such relocation, there should not be any threat to law and order situation. The list of such structures which are found to be entitled to be relocated, are required to be entered into the third list i.e. of category.
(ii) After the categorization is completed within the aforesaid period, the Committee shall publish a list of such unauthorized religious structures which have been categorized in Category A and B along with the proposed plan for regularization/ demolition of such structures within a period of one week from the finalization thereof. The publication shall be made in at least one English, one Hindi, one Marathi and one Urdu newspaper having a wide circulation in the city of Nagpur. While publishing the list, the Committee shall also notify that, such of the persons/institutions who have any objection either to the categorization or proposed draft plan for regularization/demolition, would be entitled to raise their objections within a period of one month from the date of the publication of the said notice.