PANAJI
Religious structures - legal or illegal - the debate is not about that but the fact that these structures have been proliferating across Goa, especially along the roadside, because of public sentiments and the reluctance of the government to even acknowledge their existence until the situation like the Porvorim flyover work comes into the picture.
Political patronage and religious sentiments become good enough reasons for these agencies to look the other way. Despite the Supreme Court’s repetitive orders and directives, these orders have not galvanized the authorities into action.
In a case arising from Gujarat, the Supreme Court had, between 2009 and 2018, issued a slew of directions to ensure no unauthorised constructions come up on the public land in the form of religious structures. Clear directions were issued to the state governments and the union territories to assess any unapproved religious construction that has already come up on a case-by-case basis and act promptly.
As recently as in October 2024, the apex court reminded the State about their one-and-a-half-decade-old order, which is not acted upon.
September 29, 2009
It all started when the top court ordered that no unauthorised construction shall be permitted in the name of temple, church, mosque or gurdwara at public places and such encroachments would be reviewed on a case-by-case basis by the respective state and union territory govt concerned.
February 2010
The Court asked the states and UTs to formulate, within eight weeks, a comprehensive policy on the removal, relocation and regularisation of unauthorised religious constructions.
April 19, 2016
Unauthorised religious structures near drains and on roads were an insult to God, the Supreme Court said coming down heavily on states for failing to inform it about the action taken against such constructions.
“Everyone has the right to walk. God never intended to obstruct the path meant for the people. Why shouldn’t these structures go? Construction of temples and mosques near drains and kiosks selling tobacco products is an insult to God. This is not due to faith but because people want to make money. The states must remove them?” the bench said.
It ordered chief secretaries of all 29 states and seven Union Territories to submit details on the matter within two weeks.
February, 2024
Unauthorised religious structures on public land can never be a venue for preaching religion, the Supreme Court remarked, reminding authorities across India of their obligation to promptly remove such encroachments.
October 1, 2024
Public safety is paramount and any religious structure, whether a temple or dargah, encroaching on roads or railway tracks must be removed. We are a secular country and our direction will be for all, irrespective of religion or community. If there is any religious structure in the middle of the road, be it gurudwara or dargah or temple, it cannot obstruct the public," the court stated.
