Wednesday, July 27, 2011

Remove temple if built without permission, HC tells civic body

Ahmedabad: The Gujarat high court has ordered the civic body to demolish an allegedly illegal religious construction in Vejalpur area by September 1, if the trustee of the temple and the residential society situated beside fails to establish that it was put up with prior permission.
One Arti Shah had complained before the AMC about the alleged illegal extension of apartment in form of temple. However, when the civic body did not act, she moved the high court. On March 29, Justice M R Shah asked the authorities to demolish the structure.
The trustee appealed before the division bench against the demolition order. He argued that the residential colony had obtained prior permission before putting up the temple. But the civic body claimed that no such permission was ever granted for construction of the religious structure.
The bench headed by chief justice observed that it is apparent that the temple is not outside the flat, but there is an extended portion in the form of a temple. The bench asked the trustee to approach the civic body, if he has got any document showing grant of prior permission. However,the court also asked the civic body to remove the construction by September 1, if it comes to the conclusion that the construction is illegal.
Shah is not the first citizen to approach the high court seeking directions to AMC to demolish temple. Earlier, Gaurangsinh Chudasama also objected to extension of temple on an Auda plot in Thaltej area, leading to the court’s intervention. Before this, a resident of Bhuyangdev, Jagdish Patel also complained about illegal construction of a temple near his house, and faced wrath of his neighbours after the high court ordered AMC to remove the temple in 2009.

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