Religious Sentiments Can't Justify Obstruction Of Public Pathway: Himachal Pradesh High Court Orders Removal Of Temple Gate

The Himachal Pradesh High Court has held that religious sentiments cannot justify unlawful obstruction of a public pathway, observing that "religion cannot be allowed to be used as a tool to subvert the legal process." While directing the removal of an unauthorised gate erected on Government land leading to a temple, the Court ruled that no individual can take the law into their own hands under the guise of protecting religious interests, particularly when it infringes upon another person's right to access their property.Justice Jyotsna Rewal Dua remarked that: “It would be in the interest of everyone to have the matter amicably resolved rather than leaving it upon the Court. The concerned officials will take into consideration that none should be allowed to take the law in his hand on the pretext of hurting religious sentiments. Religion cannot be allowed to be used as a tool to subvert the legal process.”Background: The petitioner, a resident of Village Mandhala in Solan district, approached the High Court alleging that respondent No. 2 had illegally installed an iron gate on a public path constructed by the Baddi Barotiwala Nalagarh Development Authority (BBNDA) over Government land. The road led both to a Shiv Temple and to the petitioner's property. According to the petitioner, the gate, situated around 300 metres before the temple, frequently remained closed, obstructing his access to his land. Following the petitioner's complaints, the BBNDA initiated proceedings under Sections 38 and 39 of the Himachal Pradesh Town and Country Planning Act, 1977, and ordered removal of the gate with liberty to reinstall it near the temple. However, that order was later withdrawn, prompting the petitioner to file the writ petition challenging its withdrawal. During the pendency of the petition, the High Court encouraged an amicable resolution and observed that "none should be allowed to take the law in his hand on the pretext of hurting religious sentiments" and that "Religion cannot be allowed to be used as a tool to subvert the legal process." Pursuant to the Court's directions, a committee headed by the Deputy Commissioner, Solan, inspected the site and recommended that while the gate structure could remain, its shutters should either be removed or permanently kept open to ensure uninterrupted public access.The Court noted that it was undisputed that the road was Government land and that the gate had been erected without authorisation. It observed that the petitioner's property lay before the temple and that the gate repeatedly hindered his access.The Court further held that the earlier order passed by the Chief Executive Officer, BBNDA directing removal of the gate from its existing location and its installation near the temple was "just and in accordance with law." It found that the order adequately addressed both the temple's security concerns and the petitioner's right of access.Thus, the Court allowed the writ petition. Case Name: Sunil Kumar v/s Baddi Barotiwala Nalagarh Development AuthorityCase No.: CWP No.9804 of 2023Date of Decision: 16.07.2026Click Here To Read/Download Order

Religious Sentiments Can't Justify Obstruction Of Public Pathway: Himachal Pradesh High Court Orders Removal Of Temple Gate

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Religious Sentiments Can't Justify Obstruction Of Public Pathway: Himachal Pradesh High Court Orders Removal Of Temple Gate

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