Case Note & Summary
The Public Interest Litigation was filed by Society for Fast Justice and another petitioner highlighting the failure of the State of Maharashtra and the Mumbai Municipal Corporation to demolish more than 1,100 illegal religious structures erected on public roads, footpaths, and other public places in Mumbai. The petitioners had earlier approached the Court in 2002 (PIL No.2063 of 2002) seeking similar relief, which was disposed of with directions to remove the encroachments. Despite some demolitions, a large number of such shrines continued to exist. Meanwhile, the Supreme Court in a suo moto proceeding (SLP No.8519 of 2006) passed an interim order on 29th September 2009 directing that no new unauthorized religious structures shall be permitted on public streets, parks, or any other public place, and existing unauthorized structures were to be reviewed on a case-by-case basis. In response, the State Government initially issued a policy on 4th October 2010 for demolition but later stayed its implementation through a Government Resolution dated 14th March 2011. Subsequently, on 5th May 2011, a fresh policy was introduced through a Government Resolution which classified illegal religious structures into those built after the Supreme Court order (to be demolished immediately) and those built before 29th September 2009, which were to be categorized as A (eligible for regularization), B (to be demolished), or C (to be relocated) based on factors such as public approval, traffic obstruction, planning authority opinion, and landholder consent. The GR also constituted State, District, and Municipal Corporation level committees to execute the process. The petitioners contended that despite these measures, illegal shrines continued to proliferate and the authorities had failed to act. The respondents submitted that they were implementing the policy as per the GR. The Court, after examining the material, held that no religion encourages illegality and that unauthorized religious structures on public land cannot be tolerated. Relying on the Supreme Court’s binding directions, the Court directed that all structures built after the cutoff date be removed forthwith without any preconditions. For structures predating the cutoff, the Court mandated strict adherence to the categorization process laid down in the GR, including timely listing, publication of draft action plans, hearing objections, and final disposal. The Court emphasized that the rule of law requires the State to act decisively, and the Bench expressed serious concern over the State’s earlier halt order. The judgment effectively reaffirmed the Supreme Court’s mandate and sought to ensure that the policy is implemented in letter and spirit to clear public spaces of illegal religious encroachments.
Headnote
A) Constitutional Law - Public Interest Litigation - Mandamus - Constitution of India, Article 226 - The Court exercised writ jurisdiction to enforce compliance with Supreme Court directions and the State’s duty to remove illegal religious structures from public land. Held that the rule of law and court orders require demolition of all unauthorized shrines and the State must act without further delay (Paras 1-5). B) Municipal Law - Encroachments on Public Property - Demolition - Supreme Court Suo Moto SLP No.8519 of 2006, order dated 29.09.2009 - The Court directed that all religious structures built after 29.09.2009 on public streets, parks, and other public places shall be demolished immediately, as any such construction violates the binding interim order of the Apex Court (Paras 3-4). C) Administrative Law - Government Policy - Implementation - Government Resolution dated 05.05.2011 - The Court mandated that the categorization of pre‑29.09.2009 illegal religious structures into A (regularisation), B (demolition), and C (relocation) must be completed strictly in accordance with the GR, and the District and Municipal Committees shall follow the prescribed procedure including public notice, hearing objections, and obtaining reports from police and planning authorities (Paras 5-6).
Issue of Consideration
Whether the State Government and Mumbai Municipal Corporation failed to demolish illegal religious structures in compliance with Supreme Court orders and the State’s own policy of 2011
Final Decision
The Court held that the State and Municipal Corporation had failed to comply with the Supreme Court's binding order and directed immediate demolition of all religious structures built after 29th September 2009 on public land. For structures built before that date, the Court directed strict adherence to the categorization process under the 2011 Government Resolution, including time-bound listing, publication of draft action plans, hearing of objections, and final removal, regularization, or relocation as per the policy. The Court emphasized that no religion condones illegality and that the rule of law must prevail.
Law Points
- No religion encourages illegality
- unauthorized religious structures on public property violate rule of law
- Supreme Court directions binding
- State policy must be implemented
- public interest requires removal of encroachments
