Unauthorised temple, gurdwara in Kharar liable to be removed: HC

The Punjab and Haryana High Court has held the construction of a temple and gurdwara in Kharar to be unauthorised before making it clear that they were required to be removed. The court found that both religious structures had been erected in a residential colony without any sanctioned site plan, layout plan, or other requisite approvals.

Justice Harsh Bunger granted the respondent-managing committees and a residents’ welfare society six weeks to remove the idols, holy scriptures, and religious books after performing the necessary religious ceremonies, and to dismantle the illegal constructions themselves.

“The respondents, along with their office-bearers, are afforded a period of six weeks to remove holy scriptures/books/idols from the structures after due observance of all religious ceremonies and also to remove the unauthorised constructions,” the Bench asserted, while emphasising the need for voluntary compliance.

The Bench was hearing a petition for removal of “unlawful and unauthorised encroachment”. Directions were also sought for issuing appropriate orders to ensure that the passages/thoroughfare leading to commercial site/market were not blocked “by way of barricading drums, raising of boundary wall or raising any other type of structure, installing gates, hoarding, boards, etc”.

Referring to a reply filed in the matter, Justice Bunger asserted that it left no doubt that the construction was raised without 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 asserted.

In case the respondents failed to act within the initial six-week period, they would be granted an additional four weeks, failing which the Sub-Divisional Magistrate, Kharar, would intervene. “The SDM shall initiate all possible steps for removal of holy scriptures/books/idols from the structures after due observance of all religious ceremonies and further take steps, with the help of the police, to remove such unauthorised constructions on the expiry of period mentioned. It is made clear that the entire expenses for removal of unauthorised constructions shall be recovered from the respondents concerned and/or its office-bearers.”

Chandigarh