"Lord Shiva doesn't need our protection": Delhi High Court allows demolition of illegal temple

Lord Shiva does not need our protection, the Delhi High Court observed on Wednesday while allowing the demolition of the Shiva Temple located on Yamuna floodplain [Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Ors]. .Justice Dharmesh Sharma observed that it is “we, the people” who seek Lord Shiva’s protection and blessings and 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,” the Bench said.Justice Sharma further observed that the mere fact that the prayers are offered at the temple every day and for that matter there are special events on certain festive occasions does not convert the temple in question to a place of public significance..The Court made the remarks while dismissing a plea filed by Pracheen Shiv Mandir Avam Akhada Samiti challenging the demolition order passed by the Delhi Development Authority (DDA) for the removal of the Pracheen Shiva Mandir (Ancient Shiva Temple) located near Taj Enclave in Geeta Colony..After considering the case, the Court said there was no document to show that the temple was dedicated to the public and not a private temple managed by the petitioner society.“In view of the foregoing discussion, the present writ petition is dismissed. However, the petitioner society is given 15 days time to remove the idols and other religious objects in the temple and to place the same in some other temple. If they fail to do so, the respondent DDA is directed to ensure that the idols are placed in some other temple, or as may be directed by the Religious Committee if they are approached for any suggestions,” the Court stated. It further said that the DDA 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 local police and the administration shall render full assistance in the said process in order to maintain law and order,” the Court added..Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma and Dipak Raj Singh appeared for the petitioner.DDA was represented through its Additional Standing Counsel Arjun Pant and advocate Latika Malhotra.Delhi government was represented through its Additional Standing Counsel (Civil) Mehal Nakra along with advocates Devansh Solanki and Aditi Kapoor..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.