Delhi HC's division bench dismisses appeal challenging demolition of temple at Mayapuri Chowk
May 19, 2023
New Delhi [India], May 19 : The Delhi High Court's Division bench on Friday dismissed an appeal challenging single bench order which recently refused to interfere with the demolition order of Kali Mata Mandir at Mayapuri Chowk.
The Division Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Friday while dismissing the appeal, also refused to extend the time for shifting the idols and other religious objects from the temple to other temples.
The single bench of Justice Prathiba M Singh recently has refused to pass any order interfering with the decision of the religious committee.
Recently the religious committee has directed the removal of the religious structure. The notice issued by the PWD which was challenged before the court, but the court declined the relief.
"In view of the fact that a decision has been taken by the Religious Committee after considering all the relevant factors and PWD is giving effect to the same, this Court is not inclined to interfere with the demolition of the temple structure in the present petition," Justice Singh said.
After May 20, 2023, the PWD is free to carry out the demolition and remove the unauthorised construction. No impediment shall be caused by the Petitioner or anyone on behalf of the Petitioner in the same. The local police shall render full assistance in the process in order to maintain law and order, the high court directed on May 11.
The bench observed, "As per the sketch and the photographs which have been produced today, it is clear to the Court that the temple is on Government land. In fact, the footpath for pedestrians as also the road has been encroached on by the temple which is not permissible. Further, because of the location of the temple i.e. in the corner of two roads, one main road and one arterial road, the smooth flow of the traffic is bound to be impeded."
The Additional Standing Counsel (ASC) for the GNCTD submitted a sketch of the road and the manner in which the temple is located along with photographs.
The court also noted that as per the minutes of the Religious Committee meeting, the Committee has come to the conclusion that the temple structure is unauthorised and is situated on the main road. It is also obstructing the free flow of traffic and thus had directed the removal of the said unauthorised religious structure.
However, the court allowed the petitioner to remove the idols and other religious objects and said that in view of the nature of the religious structure, the petitioner is permitted to remove the idols and other religious objects in the temple within one week for the same to be placed in other temples as directed by the Religious Committee.
Durga P Mishra, the priest of the temple, filed the present petition seeking the quashing of the notice dated April 25, 2023, issued by the PWD and the minutes of the meeting of the Religious Committee dated March 10, 2022, by which the decision has been taken to demolish the temple being 'KaliMata Mandir' at Mayapuri Chowk, Delhi.
The temple is stated to be 55 years old. The Counsel for the petitioner submitted that the Petitioner is the priest and the caretaker of the temple. On a query from the Court, the Counsel for the Petitioner admitted that the temple is on public land.
However, her contention is that the temple does not affect the flow of the traffic in the area and it is because of the vehicles which are parked behind the temple in the shopping area, that the flow of the traffic is affected.
As per the minutes of the Religious Committee meeting, the Committee has come to the conclusion that the temple structure is unauthorised and is situated on the main road. It is also obstructing the free flow of traffic and thus had directed the removal of the said unauthorised religious structure, the judgment passed on May 11 stated.
