The Bombay high court on Monday directed the state, as well as the municipal corporation to work in coordination to remove an unauthorised temple obstructing entry to a school in Kandivali. The court asked the civic body that if its policy was to “not to touch the idol”, then what policy was it following to see that such structures are removed.
A division bench of Justices S.C. Dharmadhikari and Gautam Patel was hearing a petition filed by Raghuveer Madhyamik Vidyalaya at Samta Nagar in Kandivali against the trust Sant Kalakreeda Rohidas Mandal, municipal corporation and state. “We want to know how the idol and the structures below the platform of the idol remain untouched. Such state of affairs would only encourage persons to undertake such illegal acts,” remarked Justice Dharmadhikari. The court also observed that as religious sentiments were involved, the idol should be protected and carefully shifted.
The petition was filed in September last year and consequently, several orders had been passed since January this year. However, these orders weren’t complied with, the petitioner’s counsel argued. The court was also informed that there were two unauthorised structures — an iron girder and the temple — blocking entry to students and staffers of the school. The iron girder was removed, but the temple — that was illegally erected — remained intact, the court was informed.
While referring to the Supreme Court’s guidelines, the high court stated that unauthorised structure cannot be erected. The court also observed that larger public interest was taken into consideration and not sacrificed. The court then directed the assistant municipal commissioner to seek assistance from the Samta Nagar police station and carry out the demolition within two weeks to enable students and staffers access the premises.