Construction of temple inside Moradabad Park: Allahabad High Court directs authorities to look into the issue.

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Rajesh Pandey

On a PIL alleging illegal construction of a temple in a public park of Awas Vikas Parishad at Buddh Bihar Majhola in Moradabad district, the Allahabad High Court has directed the district magistrate, Moradabad and station house officer of police station – Majhola to take appropriate action in accordance with law regarding the said illegal construction.

Hearing a PIL filed by one 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 concerned district Magistrate/station house officer (SHO) of the concerned police station by way of an exhaustive application pertaining to the illegal construction being raised and seeking police help.

 

The petitioner in the present PIL alleged that some persons are illegally constructing a temple in a public park of Awas Vikas Colony, Buddh Vihar Majhola. When the matter was brought to the knowledge of executive engineer of Awas Vikas, he sent junior engineer to the spot, who asked the persons raising construction to stop work, but it was not stopped. Thereafter, the executive engineer approached the station house officer of police station Majhola. However, when no action was taken, he wrote to district magistrate, Moradabad but despite this no action has been taken so far.

Hence, the petitioner filed the present PIL seeking stoppage and removal of illegal construction in the public park. During the course of hearing, the counsel for the petitioner, Rajvendra Singh contended that the Uttar Pradesh government has issued a government order (GO) dated October 29, 2009 prohibiting construction of temple, Church, mosque, gurdwara etc on public roads, parks and public places. In this backdrop, he requested the court to intervene to direct the authorities concerned to take appropriate step.

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

After hearing the counsel for the petitioner, the court observed, “A perusal of the petition clearly indicates that constructions 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 and/or the concerned police station.

The court directed to list this case on July 8, 2024 as fresh for the next hearing.

 

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