The Punjab & Haryana High Court has directed the removal of an illegally built Mandir and Gurudwara constructed on a public road leading to a commercial market in Kharar, Punjab. The court has allowed six weeks for the religious committees to respectfully remove the holy scriptures, idols, and books after performing necessary rituals.
The judgment was delivered by Justice Harsh Bunger, who stated:
"There is no manner of doubt that the construction of Mandir as well as Gurudwara has been raised without there being any sanctioned building plan/layout plan."
The court noted that no approval was taken from any competent authority before the construction, and there is no provision for such religious structures in the colony’s layout plan.
The court was responding to a writ petition seeking the removal of illegal encroachments by the managing committees of Shri Guru Nanak Darbar Gurudwara and Radha Madhav Mandir. These structures were allegedly built with the help of the GBP Crest Residents Welfare Society.
The petitioner argued that public passages leading to the market were blocked using barricades, gates, walls, boards, and hoardings, severely affecting access.
While considering the case, the court also referred to the Supreme Court’s decision in Mahesh Parsad Gupta v. R.G., Jharkhand High Court and Others (2002), which upheld that:
"There is no illegality in demolition of a Mandir if it is constructed unauthorizedly and without building plans being passed."
After examining all documents, the High Court concluded that both religious structures were unauthorized and must be removed.
The order stated:
"It would be appreciated if the aforesaid corrective measures are taken by respondents i.e. Gurudwara and Mandir Managing Committees through their office bearers on their own within six weeks."
If the structures are not removed in time, the court has instructed the Sub-Divisional Magistrate (SDM) of Kharar to begin removal of idols and holy books respectfully, involving the police if needed, after the six-week period.
The court made it clear that:
"All expenses for the removal of unauthorized constructions shall be recovered from the Gurudwara and Mandir Managing Committees."
The bench also warned that if the directions are not followed, contempt proceedings will be initiated. The SDM must also submit a status report confirming compliance.
Mr. Vijay Rana, Advocate for the petitioners.
Mr. Navneet Singh, Senior DAG Punjab.
Mr. G.S. Khokhar, Advocate for respondent No. 4.
Mr. Viren Sharma, Mr. Yash Srivastava, Advocates for respondent No. 5.
Mr. Amit Jhanji, Senior Advocate with Mr. Shashank Shekhar Sharma, Advocate for respondent No. 7.
Title: Gurmej Singh and another v. State of Punjab
