"Lord Shiva Doesn't Need Our Protection": Delhi High Court On Temple Demolition

The Delhi High Court on Wednesday allowed the demolition of a Shiva temple illegally built in the Yamuna riverbed and floodplains.

The High Court said that Lord Shiva doesn't need our protection and would be happier if the Yamuna riverbed and the floodplains are cleared of all encroachments and unauthorised construction.

Justice Dharmesh Sharma on Wednesday dismissed the plea moved by Pracheen Shiv Mandir Avam Akhada Samiti seeking quashing and setting aside the order of demolition given for the Pracheen Shiv Mandir, situated near Taj Enclave, Geeta Colony.

"Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings," Justice Dharmesh Sharma said in the judgement passed on May 29.

The bench said that there could be no iota of doubt that Lord Shiva would be happier if the Yamuna riverbed and the floodplains are cleared of all encroachments and unauthorised construction.

"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," Justice Sharma pointed out.

Further, it is borne from the face of the record that the petitioner society, which was registered in 2018, has miserably failed to place on record any documents with regard to its title, right, or interest in the subject land in question, and there is no proof on record of the temple in question having any historical significance, the bench noted.

There is no document worth its salt on the record that the temple in question is dedicated to the public and not a private temple managed by the petitioner society, it added.

"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," the bench said.

In view of the foregoing discussion, the present writ petition is dismissed, the bench said.

The High Court however granted the petitioner society 15 days time to remove the idols and other religious objects in the temple and to place the same in some other temple.

"If they fail to do so, the respondent DDA is directed 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," the bench stated.

The bench directed, "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 High Court directed.

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