Punjab & Haryana HC Orders Removal Of Gurudwara And Mandir Encroaching On Road; Gives Time To Remove Holy Scriptures, Idols

The Punjab & Haryana High Court has ordered the removal of unauthorised Mandir and Gurudwara constructed on a road meant for public ingress and outgress to a commerical market, and gave six weeks time to remove holy scriptures/books/idols from the structures after due observance of all religious ceremonies.

Justice Harsh Bunger perusing the documents found that there is, "no manner of doubt that the construction of Mandir as well as Gurudwara has been raised without there being any sanctioned building plan/layout plan. It has also not been shown that before raising construction of any such religious structure, any approval from the competent authority was sought or any such provision has been made in the layout plan of the colony."

The Court was hearing a writ petition seeking directions to remove the illegal, unlawful and unauthorized encroachment allegedly made by the Managing Committee of Gurudwara Shri Guru Nanak Darbar Trust and Managing Committee Radha Madhav Mandir, respectively, with the connivance GBP Crest Residents Welfare Society by way of raising the construction of Shri Guru Nanak Darbar Gurudwara as well as Radha Madhav Mandir in Punjab's Kharar.

It was argued that passages, which leads to commercial market are blocked by way of barricading their drums, raising of boundary wall or raising any other type of structure, installing gates, hoarding, boards etc.

After hearing the submissions, the Court relied on Apex Court's decision in Mahesh Parsad Gupta Versus R.G., Jaharkhand High Court and Ors. (2002), wherein it was held that there is no illegality in demolition of Mandir if it is constructed unauthorisedly and without building plans being passed.

Examining the material available on record, the Court opined that the Mandir as well as the Gurudwara have been constructed without there being any sanctioned site plan and other approvals/ sanctions, and held that the construction of the structures (Mandir and Gurudwara) are unauthorized and are liable to be removed. 

The Court said that it would be appreciated if the aforesaid corrective measures are taken by respondents i.e Gurudwara and Mandir Managing Committees through their office bearers on their own within 6 weeks. 

It added that, if the above Gurudwara and Mandir Managing Committees fail to remove the structures within a period of four weeks thereafter "then the Sub Divisional Magistrate, Kharar shall initiate all possible steps for removal of holy scriptures/books/idols from the aforesaid structures after due observance of all religious ceremonies and further take steps, with the help of police, to remove such unauthorized constructions on expiry of period." 

The bench also made it clear that the entire expenses for removal of unauthorized constructions shall be recovered from respondents including Gurudwara and Mandir Managing Committees.

While disposing of the plea, the Court said that in case of failure to comply with directions the SDM will file a status report and contempt proceeding shall be initiated.

Mr. Vijay Rana, Advocate for the petitioners.

Mr. Navneet Singh, Senior DAG Punjab.

Mr. G.S. Khokhar, Advocate for respondent No. 4.

Mr. Viren Sharma, Mr. Yash Srivastava, Advocates for respondent No. 5.

Mr. Amit Jhanji, Senior Advocate with Mr. Shashank Shekhar Sharma, Advocate for respondent No. 7.

Title: Gurmej Singh and another v. State of Punjab

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