Delhi High Court denies to stay demolition of illegally built Shiv temple on Yamuna Flood Plains and says, “Lord Shiva does not need our protection”
Yesterday (May 29, 2024), the Delhi High Court was hearing a petition seeking quashing and setting aside of the order of demolition given for the Pracheen Shiv Mandir, situated near Taj Enclave, Geeta Colony and located near Yamuna Flood Plains. The Delhi HC bench rejected the plea observing that ‘Lord Shiva does not need our protection’. It also noted that the temple was built in an unauthorized manner. While denying a stay on order, the HC bench observed that Pracheen Shiv Mandir Avam Akhada Samiti (petitioner) miserably failed to demonstrate any legal rights existing with it to continue to use and occupy the civic property for running the temple services. The HC said, “The half-hearted plea by the learned counsel for the petitioner that Lord Shiva, being the deity of the temple, must be also impleaded in the present matter is a desperate attempt to give an altogether different color to the entire dispute to sub-serve the vested interest of its members. It goes without saying that Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no iota of doubt that Lord Shiva would be happier if the Yamuna River bed and the flood plains areas are cleared of all encroachments and unauthorized construction.”
The plea filed before the Delhi HC also sought direction from the authorities “to ensure that the
Pracheen Shiv Mandir situated near Taj Enclave in Geeta Colony Akshardham Temple near Metro Station is kept operational and open for the use of devotees.” It was observed that the temple acts as a central hub for spiritual community activities, drawing approximately 300 to 400 devotees regularly, who convene to engage in prayer and worship. After hearing the contentions, the HC said, “The present writ petition is dismissed”. The bench gave 15 days to the petitioner society to remove the idols and other religious objects in the temple and place them in some other temple. It directed the Delhi Development Authority (respondent) to ensure that the idols are placed in some other temple, or as may be directed by the Religious Committee if they are approached for any suggestions in case the petitioner society fails to do the same.
At last, the Delhi HC bench ordered, “the DDA shall be at liberty to carry out demolition of the unauthorized construction, and the petitioner society and its members shall not cause any impediment or obstacles in such a demolition process. The local police and the administration shall render full assistance in the said process in order to maintain law and order.” Therefore, the writ petition filed by the Pracheen Shiv Mandir Avam Akhada Samiti was dismissed.
