Delhi HC rejects plea to remove all unauthorised religious structures

The Delhi High Court dismissed a plea seeking the removal of all unauthorised religious structures from public land, stating it cannot issue sweeping directions based on general allegations without specific location details and adequate pleadings.

The Delhi High Court has observed that it cannot issue sweeping directions for the removal of all alleged unauthorised religious structures and other encroachments from public land across Delhi when a petition is based on general allegations without identifying specific locations or providing adequate factual details.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia made the observation while dismissing a writ petition that sought directions to authorities to remove all unauthorised religious structures allegedly existing on public parks, green belts, playgrounds, roads, footpaths, civic amenity sites and other public lands across the National Capital.

Broad Demands in the Petition

The petitioner had also sought directions for the removal of all unauthorised religious encroachments as well as commercial and residential constructions allegedly existing on public land. The plea further sought restoration of public parks, green belts, playgrounds, open spaces and civic amenity lands.

Additionally, it sought preparation of zone-wise and ward-wise inventories of such alleged encroachments, constitution of a Joint Special Task Force to identify and prevent future encroachments, fixing accountability of the concerned authorities, and creation of an online portal to receive complaints.

'General and Omnibus' Plea Dismissed

The Court observed that all the prayers made in the petition were "general and omnibus in nature." It said that in the absence of any specific allegation regarding encroachment or illegal construction at identified sites, along with details about the nature of the alleged encroachments, it would be difficult for the Court to issue the broad directions sought by the petitioner.

Holding that the reliefs sought could not be granted in the absence of appropriate and adequate pleadings, the Bench dismissed the writ petition. However, the Court granted liberty to the petitioner to file a fresh petition containing specific details of the alleged unauthorised religious structures or other encroachments along with appropriate and adequate pleadings, if so advised. (ANI)

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