Allahabad HC Directs DM To Take Action Against Alleged Illegal Temple Construction In Public Park

Hearing a public interest litigation (PIL) matter filed by Neeraj Kumar Tyagi, a division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar directed the Awas Evam Vikas Parishad, Moradabad to approach the DM and SHO concerned by way of an exhaustive application pertaining to the alleged illegal construction.

The petitioner has alleged that some people are illegally constructing a temple in a public park in the Awas Vikas Colony. When the matter was brought to the knowledge of the Awas Vikas executive engineer, he sent a junior engineer to the spot, who asked those involved in the construction to stop the work, but it was not stopped.

Thereafter, the executive engineer approached the Majhola SHO. However, when no action was taken, he wrote to the DM but despite this, no action has been taken so far.

Hence, the petitioner filed the petition in the court seeking the removal of the illegal construction from the park. During the course of the hearing, the counsel for the petitioner, Rajvendra Singh, contended that the Uttar Pradesh government issued an order dated October 29, 2009, prohibiting the construction of temples, churches, mosques, gurdwaras etc. on public roads, parks and public places. In this backdrop, he requested the court to intervene and direct the authorities concerned to take appropriate steps.

The petitioner also requested the court to grant him time to implead those involved in raising the construction as respondents in the PIL.

After hearing the petitioner's counsel, the court observed, "A perusal of the petition clearly indicates that construction is going on in the park and despite the Awas Evam Vikas Parishad requiring the police to intervene and stop the illegal construction, apparently, nothing has been done either by the district administration or the police station concerned."

The court has fixed July 8 for the next hearing in the matter.

Cause Title: Neeraj Kumar Tyagi v. State of U.P. & Ors.

Appearance:

Respondents: Advocates Seema Agarwal (S.C.), Nipun Singh