Shrines shouldn’t be allowed on roads: Bombay high court

Even as a lay Christian body moved the Bombay high court challenging the recent demolition of crosses, the court today observed that religious structures erected on streets should not be allowed.

A division bench of justice Ranjana Desai and justice RG Ketkar were hearing a petition filed by the Bombay Catholic Sabha (BCS) challenging the recent demolition of crosses by the Brihanmumbai Municipal Corporation (BMC) at Hathi Baug in Byculla and Gokhale Road in Dadar. “Any religious structure coming up on the streets should not be allowed,” said justice Desai.

Government pleader DA Nalavad submitted that the chief minister has passed an order that no further demolition of religious crosses be carried out. He said the CM’s order was reported in newspapers. However the judges sought a firm statement from the government in this regard. The Sabha’s advocate Joaquim Reis argued that as per the Supreme Court’s December 2009 order, states were to formulate a policy regarding unauthorised shrines, including temples, mosques and gurudwaras and place it before the apex court for finalisation. “It has not yet formulated a policy. They cannot demolish before the policy is formulated and finalised by the apex court,” Reis added.

The judges directed the government to clarify whether it is in the process of formulating a policy regarding such religious structures and whether it has directed the BMC not to demolish the shrines until a final policy is finalised. They have also meanwhile restrained the BMC from undertaking demolitions until further orders.

The Sabha’s petition challenged the notices pasted by the BMC on some of the crosses across the city, stating the instructions of the concerned assistant municipal commissioner following the Supreme Court’s December 2009 order. The petition said that most of the crosses are at least a century old. It referred to the BMC policy which states that any structure in existence prior to April 17, 1964, is deemed to be legal. “The State of Maharashtra has also spelled out in its own policy that the structures being protected are prior to January 1, 1995, and could be either on the road or footpath or in a public place,” said the petition.

The petition has also urged for direction to the state and the BMC to produce all the records, documents and materials for ascertaining legality of all crosses in Mumbai.