The Allahabad High Court has directed the Ministry of Defence to take a final decision within four weeks on the removal of a temple which has been declared unauthorised on land belonging to the Cantonment Board, Jhansi.

A Bench of Justice Ajit Kumar and Justice Garima Prashad passed the direction on November 2 while hearing a writ petition filed by Gaurav Agarwal seeking removal of the unauthorised temple structure from the Cantonment Board land.

During the hearing, the Court was informed that the Principal Director, Defence Estates, Southern Command, Pune, had forwarded the petitioner's letter to the Director General, Defence Properties, Ministry of Defence, for necessary approval.

"Let the Ministry of Defence, Government of India, New Delhi take a final decision in the matter of removal of religious structure within the next four weeks' time," the Bench ordered.

The Court further directed Senior Advocate and Additional Solicitor General of India S.P. Singh to obtain necessary instructions in the matter and file a compliance report by the next date of hearing. It warned that failure to do so would compel it to take a serious view of the matter.

The matter has been listed for December 9.

In its earlier order dated August 21, the High Court had recorded the submission of counsel appearing for the respondents that the State officer had passed a final order under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, holding the temple structure on the Cantonment Board premises to be unauthorised and directing its removal.

However, the respondents had submitted that since the structure was a temple and a religious structure, prior permission from the Ministry of Defence was required for its demolition or removal. A letter seeking such permission had already been sent to the Ministry and its approval was awaited.

The Court had accordingly directed the respondents to place on record the order passed by the State officer under Section 5 of the 1971 Act, along with the letter written to the Ministry of Defence seeking permission for removal of the structure.

Thereafter, in its October 1 order, the Court recorded that the respondents had placed before it the final order dated April 24, 2026, passed by the Prescribed Authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, whereby the temple structure had been declared unauthorised and its removal directed.

The Court was also informed that prior approval for removal of the temple structure had been sought from the Principal Director, Defence Estates, Southern Command, Pune, but no approval had been granted till then.

The High Court had consequently directed the Principal Director to take a decision regarding removal of the structure pursuant to the final order passed by the Prescribed Authority. It had also warned that it would be compelled to take a serious view of the matter if no decision was taken.

When the matter was taken up again on November 2, the respondents informed the Court that the matter had been forwarded to the Ministry of Defence for necessary approval. The Court has now ordered a final decision in 4 weeks.