Today(on 29th May),Delhi High Court permits demolition of Shiva Temple on Yamuna floodplain, noting Lord Shiva doesn’t need human protection. Justice Sharma highlights the public’s quest for Shiva’s protection amidst emphasis on clearing floodplain encroachments.
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NEW DELHI: Today(on 29th May), The Delhi High Court has authorized the demolition of the Shiva Temple situated on the Yamuna floodplain, asserting that Lord Shiva does not require human protection. Justice Dharmesh Sharma, presiding over the case, emphasized the need to clear the floodplain of encroachments and unauthorized constructions, stating that it is the people who seek Lord Shiva’s protection, not the other way around.
Addressing the argument that Lord Shiva, as the deity of the temple, should be involved in the legal proceedings, the bench dismissed it as a maneuver to distort the dispute for vested interests.
Justice Sharma remarked-
“Lord Shiva doesn’t require our protection; it’s us who seek his blessings and protection.”
He emphasized that clearing the Yamuna River bed and floodplain of encroachments would likely please Lord Shiva more than the temple’s existence.
Furthermore, Justice Sharma highlighted that the daily prayers and occasional festivities held at the temple do not automatically confer it with public significance. The court’s decision underscores the importance of prioritizing environmental preservation over the maintenance of religious structures on ecologically sensitive land.
The bench’s statement-
“There’s no doubt that clearing the Yamuna River bed and floodplains of encroachments and unauthorized construction would please Lord Shiva.”
it becomes evident that the court is advocating for the restoration of natural habitats rather than the preservation of man-made structures.
This landmark ruling brings attention to the delicate balance between religious sentiments and environmental conservation. While temples hold cultural and spiritual significance, their presence on ecologically fragile land poses a threat to the environment and public safety.
The court’s decision serves as a reminder of the collective responsibility to protect natural resources and ecosystems. It reflects a growing awareness of the need to prioritize sustainable development practices over short-term gains.
The Delhi Court has ruled on a contentious issue surrounding the fate of an ancient Shiva temple situated near Taj Enclave in Geeta Colony. The Court’s decision came as it dismissed a plea filed by the Pracheen Shiv Mandir Avam Akhada Samiti, challenging a demolition order issued by the Delhi Development Authority (DDA). The plea sought to prevent the removal of the revered Pracheen Shiva Mandir, which has been a cornerstone of religious and cultural significance in the area.
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During the proceedings, the Court meticulously examined the evidence presented and noted a crucial absence of documentation demonstrating that the temple was dedicated to public use rather than being a privately managed institution under the petitioner society’s control. This observation formed the crux of the Court’s decision to dismiss the plea.
“Based on the preceding discussion, the current writ petition is dismissed.”
– the Court declared, emphasizing the need for clarity regarding the temple’s ownership and public accessibility.
However, displaying a sense of compassion amidst legal rigor, the Court granted a 15-day grace period to the petitioner society to relocate the temple’s sacred idols and religious paraphernalia to another place of worship. This directive aimed to ensure the preservation of the temple’s sanctity despite its imminent relocation. Failure to comply with this directive would result in the DDA taking charge of relocating the idols, with suggestions from the Religious Committee if necessary.
Additionally, the Court authorized the DDA to proceed with the demolition of any unauthorized constructions surrounding the temple premises. To facilitate a smooth process, the petitioner society and its members were admonished against obstructing the demolition efforts. The Court underscored the importance of maintaining law and order during this sensitive phase, calling upon local law enforcement and administrative authorities to provide full cooperation and assistance as required.
Throughout the legal proceedings, advocates representing both sides presented their arguments diligently. Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma, and Dipak Raj Singh advocated on behalf of the petitioner, while the DDA was represented by its Additional Standing Counsel Arjun Pant and advocate Latika Malhotra. The Delhi government was also represented through its Additional Standing Counsel (Civil) Mehal Nakra, supported by advocates Devansh Solanki and Aditi Kapoor.
CASE TITLE:
[Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Ors].