In view of order passed by the Hon'ble Supreme Court in S.L.P. (c) No. 8519 of 2006 Union of India vs. State of Gujarat and others, and in exercise of the powers conferred by the Article 166 of the Constitution of India; the Governor of Bihar hereby makes the following Rules for removal/relocation and regularization of the unauthorised religious structures constructed on public places in the state:- (1) These Rules may be called 'The Bihar Unauthorised Religious Structures Construction Survey and its Regularization, Relocation and Removal Rules, 2013." (2) It shall extend to the whole of the Bihar State. It shall come into force with immediate effect. In these rules, unless the context otherwise requires:- (a) "Fixed date" means the date of commencement of these rules; (b) "Unauthorised religious structures" means those religious structures such as temple, church, mosque, Gurudwara, and etc constructed on public places; (c) "Public places" means public park, road, lane, Government land and any building or land which is not a private property. (1) In future, no construction on any public place in the name of religious institutions shall be made or allowed to be made. (2) The unauthorised structures of religious institutions already constructed shall separately be taken into consideration on case-to-case basis for their removal. For this purpose, by reviewing all the religious places separately on ground of the previous survey of the religious structures already constructed and after those having been identified, a committee shall be constituted at the district level for further appropriate action, The Chairman of which will be The District Officer and Police Superintendent, Additional Collector, concerned Sub-divisional Officer and Sub-divisional Police Officer will be the Members and Sub-divisional Officer will be the Member Secretary. District Officer shall himself/herself be competent for the removal of such unauthorised structures on ground of the recommendations made, after separately reviewing such unauthorised structures constructed on public places on case-to-case basis, by committee regarding removal/relocation/regularization of such structures. Such religious institutions constructed on public places, which are much older structures than 30 years from the above said fixed date shall be regularized: Provided that no case relating to their removal is pending in any court and no interruption in the maintenance of easy traffic should be due to their regularization. The structures constructed in the minimum possible area shall be regularized and even for this purpose, the prescribed proper fees shall be realized by the Revenue and Land Reforms Department of the State Government. In such cases the proposal of regularization shall be sent through the Divisional Commissioner to the Revenue and Land Reforms Department by the District Officer. (1) After the religious structures constructed on the public places having been identified, and on the basis of the discussion and consent with the foremost co-operation of the local communities there shall be made an attempt for their removal/relocation on the other places or to find out a solution regarding those structures peacefully or in any other manner alike whatsoever. (2) In case no final solution comes out on consent, actions shall be taken on case-to-case basis in each and every such cases, by following the procedures prescribed in the Bihar Public Land Encroachment Act and other relevant laws. (3) The actions shall be taken as early as possible under the Bihar Public Land Encroachment Act for removal of such structures of the religious institutions which are on public places for the period less than thirty years. In case the possibility of the Law and order problem arises seriously due to prevailing tension in society during such actions being taken for removal of the unauthorised structures, such cases may be forwarded by the District Officer concerned to the Government for decision and with the approval of the Government an appropriate action may be taken. In case no decision is taken on part of the Government for immediate removal of any unauthorised structure, there shall be made an attempt to reduce those structures to that extent that there may not be any interruption in the easy and safe traffic system for common public. (4) It shall be imperative for the District Officer concerned to obtain requisition/consent/opinion of the competent officer of the Central Government/Central Public undertaking before removal/relocation/regularization of the unauthorised religious structures constructed on the land under the ownership of the central government or central public undertaking. The District Officer concerned shall submit a report every month, regarding the action taken under the above said directions in the prescribed format enclosed, to the Government in the Home Department. It shall be on part of the State Government to ensure that in future there may not be any construction of any unauthorised structure of any religious institutions on public places. In case any doubt arises out in interpretation of any provision of these rules, such matters shall be referred to the home (special) Department, Bihar; and its decision shall be final upon that. BIHAR UNAUTHORISED RELIGIOUS STRUCTURES CONSTRUCTION SURVEY AND ITS REGULARIZATION, RELOCATION AND REMOVAL RULES, 2013 [1]
PREAMBLE
Print Judgement
