Dharmendra Jore: The law is sacred, they should uphold it without fear

Do you get hassled while travelling to office or home because of illegal religious structures that are built right there on the roads? Are you unable to use a footpath because of a shrine or temple encroaching on the walkway? Can your children not take up an outdoor activity because politically-influential people have grabbed a public space to build a religious structure?

Come January 1, you will not face these problems anymore. A government order, issued last Saturday, promises to get rid of illegal religious structures that stand at public places by the last day of this year. The state government has asked all municipal commissioners and district collectors to demolish, remove or relocate such structures.

But don't rush to give the entire credit to the state. In this case, a larger share of kudos goes to the Bombay High Court for taking successive governments to task for going soft on illegal shrines and prayers halls that have come up from nowhere. The BJP government needs to be appreciated for issuing the final diktat, albeit late, to its lethargic bureaucrats. It has asked officers to follow orders or else face stern action, not only from the government but also from the high court.

According to the data submitted to the court, 17,614 illegal shrines existed on June 23, 2014, of which 258 were regularised, 370 removed and 37 relocated. The HC had then slammed the government for not furnishing details and
taking action only in 10% of the cases. The court has been hearing a PIL by the Society for Fast Justice against illegal residential and commercial structures, and Bhagwanji Raiyani against illegal shrines.

The HC had told the state to consider issuing directions to all planning authorities, exercising its powers under Section 154 of the Maharashtra Regional and Town Planning Act, to take immediate action for removal of illegal religious structures that have come up after September 29, 2009.

But things did not move as asked by the court, primarily because the government machinery at the ground level - successive civic chiefs and district collectors - did not take the matter seriously despite receiving repeated flak from the court. The Mumbai civic commissioner was slammed for remaining silent on issues that pertained to following certain orders and furnishing an unbelievable total number of illegal shrines in the city's 227 wards. Considering the socio-political repercussion of a decision like this - to demolish religious structures - successive governments, including the current one, did not push its bureaucrats beyond a limit.

Taking a big risk this time, the government has not only asked for demolition of structures that came up between 1960 and September 29, 2009, but has asked for their relocation by November 17 next year. The Urban Development Department has told officers concerned that no further extension to the deadline will be given. The police have been asked to provide protection to demolition squads. The government has assured the HC that it will file a compliance report. There have been instances of senior and junior bureaucrats falling to pressure from all-party, all-religion politicians who have been supporting religious places to keep a section of voters happy. In cities like Mumbai, erecting an illegal shrine has become a thriving economy. Donations are extorted from traders and residents under the pretext of chanda for festivals. There is no auditing of the money collected. The nuisance - noise pollution, traffic snarls and social tensions - they create has become a bigger worry for law-abiding citizens, who do not take a legal recourse fearing the goons and local politicians who protect such structures.

Thankfully, the government is planning a system to prevent new shrines from mushrooming. To begin with, troubled citizens can lodge complaints against illegal structures without any fear. Their identity will be protected, and even anonymous tips will be acted upon immediately. People who willfully oppose demolition will face penal action.

One good aspect of this
decision is the timing of it. Local officials can afford to reject demands made by political leaders during the model code of conduct for the civic polls. The code is expected to be in place in major cities and towns till March next year.

Good news though this is, we wish the BJP government would act in a manner that doesn't require the high court to intervene time and again. We do hope that the citizens too use their power to keep the government on its toes.

Dharmendra Jore is political editor, mid-day. He tweets @dharmendrajore. Send your feedback to mailbag@mid-day.com