The main legal point established in the judgment is that the protection and preservation of ancient monuments and heritage sites require a formal declaration under the relevant statutory provisions, and in the absence of such declaration, the sought-after protection may not be permissible.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, J.

(A) Background Facts:

(i) Prayers in the Writ Petition

(ii) Submissions on behalf of the Petitioners

(iii) Contentions of the Respondents

1. Heard the learned Counsel representing the respective parties and perused the records available before us on this writ petition.

2. Invoking our writ jurisdiction under Article 226 of the Constitution of India this petition in public interest has been filed by the Petitioners expressing their concern about protection and preservation of Vithal-Rukumai/Rukhmini Temple, Vaidyawadi, Thakurdwar, Girgaum, Mumbai claiming that it is an ancient temple which is over 200 years old and thus, the same needs to be protected as a monument of historical importance. The petition has been filed with further assertion that the temple is associated with historical events. It has been submitted by the learned Counsel representing the Petitioners Mr. Halwasia that between 1888 and 1897 AD, Chaffekar Brothers, the revered freedom fighters used to visit the temple and even organized their activities from there. Mr. Halwasia also stated that other freedom fighters such as Lokmanya Bal Gangadhar Tilak and Mahadev Govind Ranade and many others used to visit the temple and in various books of history the temple has been mentioned as an ancient temple. Mr. Halwasia further stated that one such book was published in the year 1900 authored by K. Raghunathji alias late K.R. Navalkar and further that various British records also make mention of the said temple having been frequently visited by freedom fighters.

3. Further averment made in the petition is that the temple is located at cadastral survey number No. 313 of Girgaum Division which according to the Petitioners is reserved for “welfare centre and parking lot” and that some private person has purchased the land comprising CTS No. 313 and 314 and intends to carry out redevelopment work.

4. Various other averments have also been made by the Petitioners in the Writ Petition in their zeal to establish that the temple is an ancient temple and hence it should be protected as a monument of historical importance. In this regard, it has been stated by the Petitioners that there is some stone carving (Shilalekh) which shows that in the year 1773 the land over which the temple exists was purchased by one Jankubai wife of Vitthal Palaji/Pillaji who renovated the temple and dedicated the same for religious activities. It has also been stated that the temple consists of four walls enclosing 600 sq. ft. with roof and a dome. Further submission is that inside the temple building there is a small Girbhagraha in the area of 120 sq. ft. and inside this Girbhagraha deities viz. Vitthal and Rukumai are installed. It is also submitted that the idol of Vitthal is having a height of 2’2” which is made of rare black stone, whereas height of the idol of Rukumai is 1’10” carved in black stone and that both the idols are ancient. It has also been stated that in the room outside Girbhagraha, there is a statue of Maruti (Hanuman) which is also ancient and that the door of Girbhgraha is made of stone carvings of Ganpati which also is ancient. Describing the temple further, it has been stated that outside the Girbhgraha there exists a hall where devotees can sit and hold satsangs and puja. Submission further is that outside the temple building there are two ancient stone pillars measuring 15’ each which contain ancient carvings and that between the two stone pillars and the temple there is a Chabuttra admeasuring 30’ x 20’ enclosing an open area of about 600 sq. ft. where earlier, devotees used to sit for religious activities. Mr. Halwasia representing the Petitioners has further submitted that some anti-social elements, however, have been obstructing the public from conducting puja and other religious rites and that the Petitioners have been approaching various authorities of the State of Maharashtra as also the authorities of the Municipal Corporation of Greate