The Bombay High Court today directed authorities to pull down within two weeks an illegally built temple in suburban Kandivali, which blocks access to a school.
"Religious sentiments should be taken care of, but at the same time the law has to be enforced," said the division bench of justices S C Dharmadhikari and Gautam Patel, ordering the demolition of the temple near Raghuvir Madhyamik Vidyalaya.
"The additional municipal commissioner should take steps and remove the idol to such other place as he deems fit and proper, and then demolish the platform/structure completely," said the court.
It also ordered police to provide necessary assistance to the civic body in demolishing the structure.
The school had moved the court, stating that the temple, built without any permissions, stands right outside its gate and blocks the way.
As per the court's earlier directions, BMC had demolished the temple structure, but the idol and the platform on which it stands were left untouched. Soon an illegal shed came up around the platform, so the school had to move the court once again.
Komal Punjabi, BMC lawyer, said the idol was left untouched last time because demolition squad did not get any police protection. Also, the land belonged to the Mumbai Collector, and the Collector's office should initiate action.
But rapping the corporation for this attitude, Justice Dharmadhikari observed, "Such inaction would further encourage unauthorised constructions in public places. Even private properties would be affected.
