Excelsior Correspondent
JAMMU, Apr 8: Division Bench of High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today dismissed a PIL regarding construction of temple on Kahcharai land with cost of Rs 20,000 on the petitioner Charan Dass.
After hearing Advocate Anil Verma for the PIL whereas AAG HA Siddiqui for the State whereas Advocate Baldev Singh for the respondents, DB observed, “a perusal of directions issued by Supreme Court would show that there is complete ban on any unauthorized construction of any religious institution like temple, church, mosque or Gurudwara on public space/ public street. In respect of unauthorized construction of any religious nature, which has taken place in past, the State Government shall be at liberty to review the same on the case to case basis and take appropriate steps”.
“The Deputy Commissioner Udhampur is under obligation to comply with the directions issued by Supreme Court and order dated August 16, 2010 issued by the State Government”, the DB said, adding “if any construction has been raised after September 29, 2009, then the same has to be demolished”. The DB directed that Deputy Commissioner shall do the needful and pass appropriate orders within four weeks.
With these observations, Division Bench dismissed the PIL with cost of Rs 20,000 on the petitioner for misusing the trust of the court by styling the instant petition as Public Interest Litigation whereas he wanted to protect himself against any order which might be passed by the CJM Court on the complaint filed by the respondents.
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