The Maharashtra Government on Monday sought six months more time for ensuring that all illegal shrine/structures built on public property, are demolished.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla though asked the government to first file a compliance affidavit by August 23, detailing the number of structures demolished till now before granting the extension. Advocate Nisha Mehra appearing for the government sought for time to file the compliance report.
As per an earlier order, the court had observed that no religion/sect or religious/political leader will oppose the demolition of illegal religious structures built after September 2009 and before that. The direction to demolish is based on a government resolution issued in the year 2011 to take action against identified illegal shrines, which is not implemented.
The court while holding the demolition of illegal religious structures built on footpaths as legal referred to its earlier judgment which held that obstruction on public roads and pavements by illegal structures was in violation of the Fundamental Rights of Citizens. It had also said that Right Guaranteed to practice ones religion cannot be allowed at any and every place. Moreover, to allow the prayers at such illegal structures, it will have to be proven that such structure built illegally is essential part of the religion.
NGO, Society for fast Justice, has filed a PIL in court seeking implementation of government resolution issued in 2011, against illegal shrines.
As per statistics in Corporation limits, across the state 871 illegal structures were erected after September 2009, only 225 have been demolished. In other parts of state, except corporation limits, there are 847 illegal religious shrines and only 159 demolished.
