Union of India (UOI) vs State of Gujarat and Others

In pursuance of the directions of this Court on 7th December, 2009, notices were issued to all the States and the Union Territories. It is stated in the office report that all the States and Union Territories have filed their reply except States of Maharashtra, Uttarakhand and N.C.T, Delhi. We direct that affidavits on their behalf be filed on or before 15th February, 2010, failing which the Chief Secretaries of the concerned States shall remain present in the Court.

In the previous order, we directed that as an interim measure, henceforth no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or public places. We directed all the concerned District Magistrates and the Collectors/Deputy Commissioners in-charge of the Districts to ensure that there is total compliance of the order passed by this Court and directed them to submit their report to the concerned Chief Secretaries or the Administrators of the Union Territories, which in turn were directed to submit report to this Court.

We direct the concerned Chief Secretaries to continue their efforts to ensure that there is no further unauthorized construction on public streets, public parks and other public places.

Learned Additional Solicitor General submit that an affidavits from National Capital Territory the State of Maharashtra would be filed positively.

Learned Additional Solicitor General submit that he will scrutinize all these affidavits and submit a comprehensive report on or before 15th February, 2010.

All the States are directed to supply copies of their affidavits to the learned Additional Solicitor General, if not already supplied.

Place this petition on 16th February, 2010.