Supreme Court allows demolition of illegal Shiva Temple

The Supreme Court on Friday upheld the May 29 decision of the Delhi High Court that had allowed the demolition of a Shiva Temple located on the Yamuna floodplains [Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Others].When the matter was taken up today, a vacation bench of Justices PV Sanjay Kumar and Augustine George Masih said that there was no infirmity in the High Court order under challenge could not be faulted.Justice Kumar even proceeded to question the locus of the petitioner-samiti in challenging the demolition. "How can you have an akhada in floodplains? Isn't Akhada generally associated with (Lord) Hanuman?," Justice Kumar remarked.The appeal was, thus, dismissed."Dismissal of this Special Leave Petition shall, however, not preclude the petitioner from pursuing its remedies before the High Court in the pending proceedings", it was clarified..While allowing the order of demolition of the Pracheen Shiva Mandir (Ancient Shiva Temple) located near Taj Enclave at Geeta Colony, the Delhi High Court had said that Lord Shiva does not need the Court's protection, and it is “we, the people” who seek Lord Shiva’s protection and blessings".The High Court had also said 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,” Justice Dharmesh Sharma had said.Justice Sharma had further observed that the mere fact that prayers are offered at the temple every day and there are special events on certain festive occasions, would not convert the temple in question to a place of public significance..After considering the case, the High Court had stated there was no document to show that the temple was dedicated to the public and not a private temple managed by the petitioner society.It had further instructed that the Delhi Development Authority shall be at liberty to demolish the unauthorised construction, and the petitioner society and its members shall not cause any impediment or obstacles in the demolition process.The Akhada Samiti then moved the Supreme Court against the same which came to be dismissed today. .Advocates Anurag Ojha, Jitender Chaudhary, Kamlesh Kumar Mishra, Rajbala, Saatvik Khurana, Renu, and Samishti Solomon appeared for the samiti..[Read order]