On Wednesday, the Delhi High Court permitted the demolition of Shiva Temple situated on the Yamuna floodplain, in the case of Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Others.
Justice Dharmesh Sharma remarked that it is the people who seek Lord Shiva’s protection and blessings, and emphasized that Lord Shiva would prefer the Yamuna riverbed and floodplain to be free of encroachments and illegal constructions.
Justice Sharma criticized the petitioner’s argument to include Lord Shiva as a party in the matter, calling it a desperate attempt to alter the nature of the dispute to benefit the petitioner’s interests. He stated, “Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no doubt that Lord Shiva would be happier if the Yamuna River bed and floodplain areas are cleared of all encroachments and unauthorized constructions.”
The Court also noted that the daily prayers and special events held at the temple do not transform it into a place of public significance. The remarks were made while dismissing a plea by the Pracheen Shiv Mandir Avam Akhada Samiti, which challenged the Delhi Development Authority’s (DDA) order to demolish the Pracheen Shiva Mandir near Taj Enclave in Geeta Colony.
The Court found no evidence to suggest that the temple was dedicated to the public, concluding that it was managed privately by the petitioner society. Consequently, the writ petition was dismissed, but the petitioner society was given 15 days to relocate the idols and other religious objects to another temple. If they fail to do so, the DDA is instructed to move the idols to another temple or follow directions from the Religious Committee if approached.
The Court granted the DDA the authority to demolish the unauthorized construction, warning the petitioner society and its members not to obstruct the demolition process. The local police and administration were directed to assist in maintaining law and order during the demolition.
The petitioners were represented by Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma, and Dipak Raj Singh. The DDA was represented by Additional Standing Counsel Arjun Pant and Advocate Latika Malhotra. The Delhi government was represented by Additional Standing Counsel (Civil) Mehal Nakra, along with Advocates Devansh Solanki and Aditi Kapoor.
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