The Supreme Court affirmed the Delhi High Court's May 29 ruling permitting the demolition of a Shiva temple situated on the Yamuna floodplains.
When the case was heard today, a vacation bench consisting of Justices PV Sanjay Kumar and Augustine George Masih stated that they found no flaws in the High Court order being contested and concluded that it was sound.
Justice Kumar went further to question the petitioner-samiti's standing to challenge the demolition.
"How can you have an akhada in floodplains? Isn't Akhada generally associated with (Lord) Hanuman?," Justice Kumar remarked.
The Delhi High Court, in permitting the demolition of the Pracheen Shiva Mandir near Taj Enclave at Geeta Colony, remarked that Lord Shiva does not require protection from the Court; rather, it is "we, the people" who seek Lord Shiva's protection and blessings. The High Court also expressed that Lord Shiva would be more pleased if the Yamuna riverbed and floodplain were 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,” Justice Dharmesh Sharma had said.
Justice Sharma further observed that the regular offering of prayers at the temple every day and special events held on certain festive occasions would not automatically transform the temple in question into a place of public significance.
After reviewing the case, the High Court noted that there was no documentation indicating that the temple was dedicated to the public rather than being a private temple managed by the petitioner society.
The Akhada Samiti then moved the Supreme Court against the same which came to be dismissed today.
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