Supreme Court upholds demolition order of Pracheen Shiv Mandir
What's the story
The Supreme Court has upheld the order of the Delhi High Court, allowing the demolition of the Pracheen Shiv Mandir located in Geeta Colony, near the Yamuna floodplains in Delhi. The decision was made by a vacation bench comprising Justice Sanjay Kumar and Justice Augustine George Masih. The bench questioned the temple's authenticity, asking, "Where is the proof of Pracheen Temple to begin with? Ancient temples were built with rocks and not with cement and painted."
High Court's view
Delhi High Court's stance on unauthorized temple construction
On May 30, the Delhi High Court allowed the temple's removal, which was allegedly built without proper authorization on the Yamuna riverbed. The court stated that Lord Shiva would be happier if the Yamuna riverbed and floodplains were cleared of all encroachments and unauthorized constructions. The ruling came while the court was hearing a plea moved by Pracheen Shiv Mandir Avam Akhada Samiti seeking quashing and setting aside the order of demolition.
Petition details
Petitioner's argument and High Court's response
The petitioner had argued that the temple is a hub for spiritual activities, attracting 300 to 400 devotees regularly. In the plea, it claimed the society was registered in 2018 to ensure transparency, accountability, and responsible management of the temple's assets. However, the high court maintained that the disputed land is intended for larger public interest and that the petitioner society cannot claim any vested rights to continue occupying it.
Land dispute
High court's observations on land use and historical significance
The Delhi High Court also noted that the land in question falls under the Zonal Development Plan for Zone-'O,' as approved by the Ministry of Urban Development. The court furtjer pointed out that the petitioner society failed to provide any documents supporting its title, right or interest over the land. However, the court granted the petitioner group 15 days to remove the idols and other religious objects from the temple and relocate them to another temple.