High Court of Allahabad

Lavkush & ors. v. State of U.P. & ors.

03.06.2016

Motor Vehicles

Allahabad HC: No fundamental right to encroach upon public road

The court heard provocative arguments by counsel for the Petitioner, that “people of this country are simple…normally soft whenever any religious activity is undertaken”. It concurred with the same noting misuse and encroachment of public land “in the garb of constructing religious structures”.

Standing counsel for the State conceded that while such structures on public highways created impediment for smooth movement, religious fervour prevented authorities from deconstructing or relocating the same.

The court ordered the State government to take steps to prevent religious structures from being raised on public highways, and any such structures constructed within the last five years are to be removed. Officers of law and order agencies and State administration have been made personally liable for carrying out and upholding the court’s order.

Tags : public highway religious structure encroach

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