Delhi High Court: In a petition filed by Durga Mishra (petitioner), a priest and caretaker of a 55 years old “Kali Mata Mandir” at Mayapuri Chowk, Delhi, seeking quashing of the notice dated 25-04-2023 issued by the Public Works Department and the minutes of the meeting of the Religious Committee dated 10-03-2022 by which the decision has been taken to demolish the temple. Prathiba M Singh, J., refused to interfere with the decision taken by the Religious Committee to demolish the temple and permitted the petitioner to remove the idols and other religious objects in the temple within one week for the same to be placed in other temples as directed by the Religious Committee.
Counsel for petitioner admitted that the temple is on public land and the temple does not affect the flow of the traffic in the area and it is because of the vehicles which are parked behind the temple in the shopping area, that the flow of traffic is affected.
As per the sketch and the photographs produced, the temple is on Government land. In fact, the footpath for pedestrians as also the road has been encroached on by the temple which is not permissible. Further, because of the location of the temple, i.e., at the corner of two roads, one main road and one arterial road, the smooth flow of the traffic is bound to be impeded.
On perusal of the minutes of the Religious Committee meeting which was held on 10-03-2022, the temple structure is unauthorized and is situated on the main road. It is also obstructing the free flow of traffic and thus directed the removal of the said unauthorized religious structure.
Thus, the Religious Committee after considering all the relevant factors and PWD giving effect to the same, the Court refused to interfere with the demolition of the temple structure in the present petition. The Court permitted the petitioner to remove the idols and other religious objects i the temple within one week for the same to be placed in other temples as directed by the Religious Committee.
[Durga P Mishra v Govt of NCT of Delhi, 2023 SCC OnLine Del 2865, decided on 11-05-2023]
Advocates who appeared in this case :
Ms. Rubal Bansal Maini, Mr. Parag Maini, Mr. Abhimanyu Chopra, Mr. Vikas Maini and Mr. Ankit Banati, Advocates for the Petitioner;
Mr Anupam Srivastava, ASC for GNCTD with Mr Ujjwal Malhotra, Adv along with Prabhat Srivastava Assistant Engineer, PWD