'Lord Shiva Doesn't Need Our Protection': Delhi High Court Rules In Favour Of Demolishing Illegal Temple - 2024-05-30

The Delhi High Court has granted permission for the demolition of a Shiva Temple located on the Yamuna floodplain, asserting that the deity does not require human protection. The ruling was delivered following the hearing in the case of "Pracheen Shiv Mandir Avam Akhada Samiti v Delhi Development Authority and Ors."

Justice DharmeshSharma , presiding over the case, pointed out that it is the people who seek Lord Shiva 's protection and blessings, and clearing the Yamuna riverbed and floodplain of encroachments and illegal constructions would be more pleasing to the deity.

"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.

The Court observed that the daily prayers and occasional festivities held at the temple do not transform it into a place of public significance. The remarks came as the Court dismissed a plea filed by the Pracheen Shiv Mandir Avam Akhada Samiti challenging the demolition order issued by the Delhi Development Authority (DDA) for the removal of the Ancient Shiva Temple located near Taj Enclave in Geeta Colony.

Justice Sharma noted the absence of documentation indicating that the temple was dedicated to the public rather than being a private temple managed by the petitioner society. Accordingly, the Court ruled that the DDA is authorised to proceed with the demolition of the unauthorised construction, with the petitioner society and its members instructed not to obstruct the process.

"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.

"The local police and administration are directed to provide full assistance in the demolition process to maintain law and order," added the Court.