Gujarat HC Asks State Govt to File Affidavit on Unauthorized Religious Structures

The Gujarat High Court has directed the state government to file an affidavit providing details of unauthorized religious structures and steps taken for their removal after taking strong exception to its reply filed in the matter.

The Gujarat Government has directed the state government to file an affidavit providing details of unauthorized religious structures and steps taken for their removal after taking strong exception to its reply filed in the matter.

A bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee expressed strong dissatisfaction with the manner in which the state government had filed an affidavit regarding the steps it had taken to remove unauthorized religious structures in a suo motu case. The court directed the government to file a further affidavit by the next hearing on 27^th February, 2024.

The court noted that the affidavit submitted by the secretary of the home department stated that action had been taken against 23.33 percent of unauthorized structures identified till September 20, 2022. However, it failed to clarify whether the action was “contemplated” or “taken” against the identified religious structures.

The court had initiated suo motu proceedings in 2006 regarding the demolition drive undertaken by the Vadodara Municipal Corporation to remove purported religious structures encroaching upon public space. In its order dated December 15, 2022, the court had directed the state government to file an affidavit regarding the Supreme Court’s directions to all states and union territories to identify unauthorized religious constructions in public places and formulate a comprehensive policy regarding their removal, relocation, or regularization.

The court observed, “We may take strong exception to the manner in which the affidavit has been filed by the secretary, home department, without giving any detail about the nature of action taken in the matter of removal of unauthorized constructions in compliance with the directions issued by the apex court.” It further noted that the statement made in the affidavit suggesting that the petition be disposed of as the action plan conceived by the government would take care of any further encroachment “is wholly uncalled for.”

“The policy decision issued by the government resolution dated December 16, 2022, though has been appended with the affidavit, but the compliance of the said resolution has not been brought on record,” the court emphasized and directed the government to file a further affidavit in strict compliance with the court’s order dated December 15, 2022.