‘Lord Shiva does not need our protection’: HC dismisses plea against demolition order
‘Lord Shiva does not need our protection’: HC dismisses plea against demolition order for temple on Yamuna floodplains
M.U.H
30/05/2024317
Stating that “Lord Shiva does not need our protection,” the Delhi High Court Wednesday dismissed a plea against a demolition order given for a Shiv Temple located on the Yamuna floodplains.
“There could be no iota of doubt that Lord Shiva would be happier if the Yamuna River bed and the floodplains areas are cleared of all encroachments and unauthorised construction,” a single-judge bench of Justice Dharmesh Sharma underscored.
The high court said the petitioner – Pracheen Shiv Mandir Avam Akhada Samiti – had “miserably failed” to demonstrate any legal rights existing with it to continue using and occupying the “civic property for running the temple services”.
“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 colour 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,” the HC said.
Dismissing the petition, the HC granted 15 days’ time to the petitioner society to remove the idols and other religious objects in the temple and place them in some other temple.
Justice Sharma said that if the petitioner fails to do so, the Delhi Development Authority (DDA) would 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.
“Lastly, the DDA shall be at liberty to carry out demolition of the unauthorised 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,” the HC said.
The petition challenged the demolition order passed by the DDA for the removal of the Pracheen Shiv Mandir (Ancient Shiva Temple) situated near Taj Enclave, Geeta Colony.
The HC further said that there was “no document worth its salt” on the record to show that the temple in question is dedicated to the public and is not a private temple managed by the petitioner society.
“Mere fact that the prayers are offered at the temple every day and, for that matter, there are special events on certain festive occasions does not convert the temple in question to a place of public significance,” Justice Sharma said.
The petitioner had contended that the temple acted as a central hub for spiritual community activities, drawing approximately 300 to 400 devotees regularly, who convened to engage in prayer and worship on the premises.
