HC defers contempt proceedings as Punjab, Haryana, UT claim progress on removal of illegal religious structures

Less than three months after contempt notices were issued to the Deputy Commissioners in Punjab, Haryana, and Chandigarh following non-compliance with Supreme Court orders on removal of unauthorised religious structures on public land, the Punjab and Haryana High Court today deferred — for the time being — the initiation of contempt proceedings.

The order came after the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was informed that compliance steps were now underway. The Bench recorded that “bona fides have been shown” by the States and the UT, as affidavits indicating district-wise compliance were ready and in the process of being filed this week.

The proceedings stem from the Supreme Court’s judgments dated September 29, 2009, and January 31, 2018, in “Union of India v State of Gujarat and others”. The court, among other things, had directed the removal of all illegal religious structures encroaching upon government land and had “empowered the high courts within whose territorial jurisdiction the encroachments take place to proceed in contempt arising from non-compliance of orders of Apex Court”.

The Bench, on the previous date of hearing, had observed: “It has been more than 10-15 years and the status report filed by the States of Punjab, Haryana and Chandigarh reveal that compliance is yet not complete”.

Taking serious note, the high court had then issued contempt notices to the Deputy Commissioners of all districts, calling upon them to show cause why contempt proceedings should not be initiated against them for non-compliance with the apex court orders.

Appearing for the UT Chandigarh today, counsel informed the Bench that 87 illegal religious structures had been removed in the last four months alone. Counsel for Punjab and Haryana submitted that compliance was in progress, seeking two to three days’ time to file consolidated status reports along with affidavits from all Deputy Commissioners, detailing the action taken in each district.

“We have received the affidavits from all the Deputy Commissioners. Affidavits regarding compliance with the directions of removal of unauthorized religious structures on public land are complete and shall be filed during the course of this week,” the Bench noted during the hearing.

Adjourning further proceedings, the high court made it clear that the matter would be revisited on the next date to assess the actual ground-level implementation of the Supreme Court’s directives and the affidavits filed by the administrative heads of each district.

Haryana Tribune