Remove all illegal shrines within a month: HC to BMC

SC had prescribed a ‘well-defined’ scheme for action against unauthorised religious structures.

BMC is oredered to demolish religious structures erected after September, 2009.

The state is silent on the action taken on illegal and unauthorised shrines, observed the Bombay High Court (HC) on Friday, while directing the Brihanmumbai Municipal Corporation (BMC) to demolish such structures erected after September, 2009. “Action taken is hardly 10 per cent of the total,” the court said.

While hearing a public interest litigation filed by activist Bhagvanji Raiyani, the HC said, “We direct the Municipal Commissioner (of BMC) to file an affidavit listing out steps taken for the compliance of directions given in the Government Resolution within one month from today (Friday).”

Pursuant to a Supreme Court order, a state government resolution of May 5, 2011, had prescribed a “well-defined” scheme for appropriate action against the unathorised religious structures in terms of regularisation, relocation and removal. The GR also suggested that a three-tier committee be setup — state-wise, district level and in
corporations, including Mumbai, Thane and Pune — for relevant action.

The GR also specified that illegal and unauthorised shrines erected after September 29, 2009, had to be demolished. These structures have been classified into categories, including old religious shrines, those posing as a roadblock for both traffic and law and order.

An affidavit of the state Urban Department placed before Justices A S Oka and A K Menon listed out 17,614 illegal shrines, of which 258 have been regularised, 370 have been removed and 37 relocated as on June 23, 2014, in the state.

The court observed that though the affidavit stated that there were 17,614 structures, it neither gave an area-wise breakup, nor did it specify the categories the structures belonged to.

“Affidavit is silent as far as action taken against structures that came up after September 29, 2009 are concerned,” the HC said. The court also directed the state to consider issuing directions to all planning authorities to take immediate steps. “Needles to say, it is the state’s responsibility to provide protection to officials who take action in accordance with the GR,” court said.

Aamir Khan

Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With over 14 years of professional experience, Aamir's background as a legal professional and a veteran journalist allows him to bridge the gap between complex judicial proceedings and public understanding. Expertise Specialized Legal Authority: Aamir holds an LLB from CCS University, providing him with the formal legal training necessary to analyze constitutional matters, statutes, and judicial precedents with technical accuracy. Experience Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire. Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day. Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi. Multidisciplinary Academic Background: * LLB, CCS University. PG Diploma in Journalism (New Media), Asian College of Journalism (ACJ), Chennai. BSc in Life Sciences and Chemistry, Christ College, Bangalore—an asset for reporting on environmental law, patent litigation, and forensic evidence. ... Read More

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