The top court also made it clear that the land bought for this development project must be recorded in the name of the temple or the trust.
NEW DELHI, May 15 – The Supreme Court of India has allowed the Uttar Pradesh government to use the funds of the Shri Banke Bihari Temple in Mathura to buy nearby land for developing a corridor. This project is aimed at managing the huge number of devotees who visit the temple daily and during festivals.
A bench of Justices Bela M Trivedi and Satish Chandra Sharma gave the green signal to the Uttar Pradesh government’s request to use the temple’s fixed deposit funds. The court permitted the funds to be used only to buy 5 acres of land around the temple for building a holding area for devotees.
“We permit the state of Uttar Pradesh to implement the scheme in its entirety. The Banke Bihari Ji Trust is having fixed deposits in the name of the deity/temple…the state government is permitted to utilise the amount lying in the fixed deposit to acquire the land proposed.”
However, the top court also made it clear that the land bought for this development project must be recorded in the name of the temple or the trust.
With this decision, the Supreme Court has also changed the earlier order passed by the Allahabad High Court on November 8, 2023. The high court had approved the UP government’s development scheme but had not allowed the use of temple funds for buying land.
The Supreme Court said that since it is already handling issues related to the management and safety of temples in the Braj region, it was important to take a quick decision in this matter, especially in public interest.
The UP government had presented a detailed plan to the court. According to the plan, 5 acres of land around the Shri Banke Bihari Temple would be acquired and developed. Facilities like parking, lodging for devotees, toilets, security check posts, and other necessary amenities would be constructed.
The Allahabad High Court, in its earlier order, had also said that acquiring land and building facilities was essential to ensure the safety of the large number of pilgrims visiting the temple.
The Supreme Court bench noted that the state government would have to spend more than ₹500 crore for the temple corridor. The state had proposed to use the temple’s fixed deposit funds only for purchasing the required land, but this was earlier refused by the high court.
The Uttar Pradesh government highlighted the poor condition of facilities at the Shri Banke Bihari Temple. It said that the temple has an area of just 1,200 square feet but sees around 50,000 visitors daily. On weekends, this number rises to 1.5 to 2 lakh, and during festivals, it can cross 5 lakh.
The government also informed the court about the Uttar Pradesh Braj Planning and Development Board Act, 2015. This law was created to preserve and develop the Braj region in Mathura district. Under this Act, a special board (parishad) was formed with experts who could be assigned to manage temples in the area.
The court also noted that a civil case about temple management has been pending for over 25 years, and during this time, the temple has been run only by a court-appointed receiver. This indicates a serious problem in administration.
“Maladministration” running “deep and wide”.
The bench mentioned several major temples in the area – like Radha Vallabh Mandir in Vrindavan, Dauji Maharaj Mandir in Baldeo, Nandkila Nand Bhawan Mandir in Gokul, Mukharbind and Danghati in Goverdhan, Anant Shri Bhibhushit in Vrindavan, and Mandir Shree Ladli Ji Maharaj in Barsana. These temples are also under the control of court receivers, most of whom are practising lawyers in Mathura.
It also said that even the Shri Banke Bihari Temple is currently being managed by a civil judge.
“It is an established fact that the historical temples are old structures and require proper upkeep and other logistic support, and added to the fact is that in a large number of temples, receivers have been appointed for decades now which was originally intended to be a stop-gap temporary measure.”
The bench criticised the way receivers were appointed in these temples.
“Unfortunate” that courts when appointing receivers, did not consider that Mathura and Vrindavan, were the two most sacred places for Vaishnav Sampradayas and, therefore, ‘persons from Vaishnav Sampradayas should be appointed as receivers’.”
Case Title: ISHWAR CHANDA SHARMA VERSUS DEVENDRA KUMAR SHARMA & ORS.
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