Lord Shiva doesn't need our protection": Delhi High Court allows demolition of illegal temple
Lord Shiva doesn't need our protection": Delhi High Court allows demolition of illegal temple.
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Lord Shiva does not need our protection, the Delhi High Court observed on Wednesday while allowing the demolition of the Shiva Temple located on Yamuna floodplain [Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Ors].
Justice Dharmesh Sharma observed that it is “we, the people” who seek Lord Shiva’s protection and blessings and that Lord Shiva would be happier if Yamuna riverbed and floodplain is cleared of encroachments and illegal constructions.
“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. 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 unauthorised construction,” the Bench said.
Justice Sharma also observed that merely because daily prayers are offered at a temple and special functions are held on certain festival days, it cannot be said that the temple in question is a place of public importance. The court made this observation while dismissing a petition filed by Prachen Shiv Mandir Avam Akhada Samiti challenging the Delhi Development Authority's (DDA) demolition order of Prachen Shiva Mandir (ancient Shiva temple) near the Taj enclave in Gita Colony.
The court, after examining the case, said there was no document to show that the temple was consecrated to the public and not a private temple managed by the petitioner association.
"In view of the aforesaid arguments, the present suit is dismissed. However, the petitioner association is given 15 days' time to remove the idols and other religious objects from the temple and install them in another temple. If this is not complied with, the respondent DDA will be directed to install the statue in another temple or the Religious Committee will be directed to give similar directions if suggestions are sought," the court said.
It further said that the DDA is free to demolish unauthorised constructions and the applicant society and its members shall not hinder or obstruct the demolition process.
"The local police and administration shall provide full support to the said process to maintain law and order," the court added.
Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma and Dipak Raj Singh appeared as petitioners.
The DDA was represented by Additional Standing Counsel Arjun Pant and its advocate Latika Malhotra.
The Delhi government was represented by Additional Standing Counsel (Civil) Mehar Nakra and advocates Devansh Solanki and Aditi Kapoor.
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