LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maha lingam   30 December 2021

Public road encroachment by temple

There is temple built before 40 years on the road. Last few years few people started making fringe benefits from the temple also lot of violation such as noise pollution, soil pollution, etc started in last few years, can we remove the temple from the road? Temple is purely built on the road, its an encroachment. please advise.


Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 December 2021

You can report to the district collector and municipal authorities for necessary action

1 Like

Maha lingam   31 December 2021

Yes tried all those, but no action. 

Kawmini Liyanage   31 December 2021

Greetings!

in order to answer your query short;Yes, an action can be instituted to remove a temple which has encroached the road. the action should be filed under Article 226 of the Constitution of India. The recent judgment granted in the case of Arappor Iyakkam V. the State of Tamil Nadu establish the availability for such criteria.

Regards,

Kawmini Liyanage

1 Like

Maha lingam   31 December 2021

Thank you 

1 Like

Aryan Raj   04 January 2022

In response to your query,

Yes the temple can be removed from the road for infringement of the road a it an established case law. The problem stems from the Ramapuram Kalasathamman Koil temple authorities vs the State. Ramapuram Kalasathamman Koil temple authorities were infringing on the public road by constructing an extra mandapam and erecting barricades to limit traffic to only two-wheelers, which was obstructing the path. The Madras High Court made several attempts to summon the temple authorities to appear before the court and after not showing up for multiple summons the court ordered for complete inspection of the temple area and removal of any encroachment of the public properties by the temple.

Regards,

Aryan Raj 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query