S U P R E M E C O U R T O F I N D I A
Writ Petition(Civil) No.318/2002( For Preliminary Hearing )
MAHESH PRASAD GUPTA Petitioner (s)
R.G., JHARKHAND HIGH COURT & ORS. Respondent (s)
( With Appln(s). for ex-Parte stay and exemption from filing O.T. )
Date : 09/07/2002 This Petition was called on for hearing today.
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE K.G. BALAKRISHNAN
HON'BLE MR. JUSTICE ARIJIT PASAYAT
For Petitioner (s) Mr. Tripurari Ray, Adv. Mr. Manoj Saxena, Adv. Mr. Pravir Choudhary, Adv.
UPON hearing counsel the Court made the following
We see no illegality in the respondents taking steps to demolish the Mandir if it is constructed
unauthorisedly and without building plans being passed. We see no justification whatsoever for the High
Court at Ranchi to have given any permission with regard to the construction of any wall or with regard to the
diversion of drain, etc., referred to in the letter dated 1st February, 1993. Usurpation of public property in the
name of religion and construction of religious places without permission from the Municipal Authorities cannot be
permitted. The modus operandi of grabbing public land and erecting buildings illegally primarily for the benefit of
the perpetuator has to come down with a heavy hand. We see no merit in this petition and the same is, accordingly,
We expect all the State Governments to take appropriate action in preventing such encroachments and
illegalities wherever they come up. Copy of the order be sent to all the Chief Secretaries.