Yamuna River Floodplain Has To Be Zealously Protected From Encroachment And Unauthorized Constructions: Delhi HC

The Delhi High Court remarked that the Yamuna River Floodplain has to be zealously protected from encroachment and unauthorized constructions.

The Court was dealing with an appeal filed by Pracheen Shiv Mandir Avam Akhada Samiti against the judgment of the Single Judge by which it dismissed its writ petition, directed to remove the idols from the Pracheen Shiv Mandir, and granted liberty to Delhi Development Authority (DDA) to carry out the demolition of the temple.

A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed, “In such fact situation as obtaining in the present case, it is apparent that the temple has been constructed unauthorizedly on encroached land in an eco-sensitive zone area. If that is so, no structure, religious or otherwise, can be permitted to stand and have to be necessarily removed. More so, the Yamuna River Floodplain has to be zealously protected from such encroachment and unauthorized constructions.”

The Bench said that the appellant Samiti would have no right to carry out unauthorized constructions over the land belonging to the government.

Advocate Kamlesh Kumar Mishra represented the appellant while Standing Counsel Shobhana Takiar represented the respondents.

In this case, the appellant society claimed to have been established by a distinguished priest, renowned for founding 101 Shiv Lingas, and the temple on the site stands on one of such revered Shiv Lingas. It was averred that the temple acts as a central hub for spiritual community activities. The appellant claimed that the temple draws approximately 300 to 400 devotees regularly. It was further stated that the temple has been existing for a long time on the subject site and regular devotees throng the temple every day, more particularly, on religious and festive occasions.

The SHO of Police Station visited the temple and informed the appellant of the intended demolition of the temple on September 25, 2023. The counsel for the appellant submitted that no formal notice was furnished to the appellant and urgently, it submitted a formal representation to the Commissioner of Police and Lt. Governor of Delhi, requesting immediate intervention to halt the demolition. It also filed a writ petition and the Single Judge passed interim orders of restraint on demolition. Thereafter, the Court dismissed the petition and granted fifteen days’ time to remove the idols and other religious objects. Being aggrieved, the appellant challenged the same before the Division Bench.

The High Court after hearing the contentions of the counsel noted, “… the construction of temple over the said land was not only unauthorized but also the DDA had proper authority to remove any such unauthorized construction or pre existing structures. … So far as the argument regarding violation of principles of natural justice by the Religious Committee is concerned, suffice it to state that a rank encroacher on public land carrying out unauthorized construction cannot make a grievance of the same.”

The Court said that there is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.

“That apart, it is admitted by the appellant that the entire structure comprising the temple already stands demolished. In that view of the matter, we are of the opinion that even otherwise, nothing survives for further consideration”, it concluded.

Accordingly, the High Court dismissed the appeal.

Cause Title- Pracheen Shiv Mandir Avam Akhada Samiti v. Delhi Development Authority & Ors. (Neutral Citation: 2024:DHC:5135-DB)

Appearance:

Appellant: Advocates Kamlesh Kumar Mishra, Many Mishra, Renu, and Deepak Raj Singh.

Respondents: Standing Counsel Shobhana Takiar, ASC Mehak Nakra, Advocates Umang Aditya, and Devansh Solanki.

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