Case Note & Summary
The petitioners, public-spirited residents of Nashik, filed a Public Interest Litigation seeking directions to the Nashik Municipal Corporation (respondent Nos. 3 and 4) to comply with the Government Resolution dated 5/5/2011. The G.R. required the Corporation to prepare and publish a list of religious structures falling under Clause B, which are those that may be regularized or removed. The petitioners alleged that the Corporation issued demolition notices to 530 religious shrines on 8/8/2018 without giving due publicity to the list, thereby depriving stakeholders of the opportunity to object. The court examined the G.R. and found that it mandated wide publicity of the list in local newspapers. The Corporation argued that it had followed the procedure, but the court noted that the list was not published as required. The court directed the Corporation to publish the list in two local newspapers having wide circulation in Nashik, give 30 days for objections, and thereafter decide the objections before taking any demolition action. The court also allowed the intervention application. The PIL was disposed of with these directions.
Headnote
A) Public Interest Litigation - Religious Structures - Government Resolution dated 5/5/2011 - Publicity of List - The petitioners sought directions to the Nashik Municipal Corporation to publish the list of religious structures falling under Clause B of the G.R. dated 5/5/2011 in local newspapers to enable stakeholders to raise objections. The court held that the Corporation must give wide publicity to the list before proceeding with demolition, as per the G.R. (Paras 1-10). B) Administrative Law - Natural Justice - Demolition Notices - The court observed that the Corporation issued demolition notices to 530 religious shrines without prior publication of the list, violating the procedure under the G.R. The court directed the Corporation to publish the list and consider objections before any demolition. (Paras 4-8).
Issue of Consideration
Whether the Nashik Municipal Corporation is required to give due and proper publicity to the list of religious structures falling under Clause B of Government Resolution dated 5/5/2011 before taking any demolition action.
Final Decision
The court directed the Nashik Municipal Corporation to publish the list of religious structures falling under Clause B of the G.R. dated 5/5/2011 in two local newspapers having wide circulation in Nashik, give 30 days for objections, and thereafter decide the objections before taking any demolition action. The PIL was disposed of accordingly.
Law Points
- Government Resolution dated 5/5/2011
- Public Interest Litigation
- Religious structures
- Demolition notices
- Natural justice
- Publicity of list
