Finding that a decision has been taken by the Religious Committee after considering all the relevant factors and PWD is giving effect to the same, the Delhi High Court refused to interfere with the demolition of the temple structure (Kali Mata Mandir) situated at Mayapuri Chowk in Delhi.

A Single Judge Bench of Justice Pratibha M. Singh therefore, in view of the nature of the religious structure, permitted the Petitioner (priest) 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.

Advocate Rubal Bansal Maini appeared for the Petitioner, whereas, Advocate Anupam Srivastava appeared for the Respondent.

In a nutshell, the Petitioner had sought for quashing of a notice issued by the PWD whereby it was decided to demolish the “Kali Mata Mandir” temple situated at Mayapuri Chowk, Delhi. Even though admitting that the temple is on a public road, the Petitioner pleaded that the temple is 55 years old and it is not the temple that affected the flow of traffic in the area, rather it is because of the vehicles parked behind the temple in the shopping area, that affected the flow of traffic.

After perusing the sketch of the road and the way the temple is located along with photographs produced by the GNCTD, the High Court found that the temple is on Government land and the footpath for pedestrians as well as the road was encroached by the temple which is not permissible.

Further, because of the location of the temple i.e. in the corner of two roads, one main road, and one arterial road, the Bench observed that the smooth flow of the traffic is bound to be impeded.

“A perusal of the minutes of the Religious Committee meeting, the Committee has come to the conclusion that the temple structure is unauthorized and is situated on the main road. It is also obstructing free flow of traffic and thus had directed the removal of the said unauthorized religious structure”, added the Bench.

Therefore, while disposing of the petition, the Bench accorded approval to the PWD to carry out the demolition and remove the unauthorized construction after May 20, 2023, and directed that no impediment shall be caused by the Petitioner or anyone on behalf of the Petitioner in the same.

Cause Title: Durga P. Mishra vs. Govt. of NCT of Delhi and Anr. [Neutral Citation: 2023:DHC:3296]

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Delhi High CourtJustice Prathiba M Singh

Pankaj Bajpai