“Lord Shiva Does Not Need Our Protection”: Delhi HC Rejects Plea Against Demolition Of Shiva Temple

The Court dismissed a petition filed by Pracheen Shiv Mandir Avam Akhada Samiti challenging the Delhi Development Authority's (DDA) demolition order concerning the Ancient Shiva Temple near Taj Enclave in Geeta Colony.

A Bench of Justice Dharmesh Sharma noted that there was no evidence to demonstrate that the temple was dedicated to the public rather than being a private temple managed by the petitioner society. The Court said, “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.”

Advocate Kamlesh Kumar Mishra appeared for the Petitioner and Advocate Arjun Pant appeared for the Respondents.

The Court granted the petitioner society 15 days to relocate the idols and religious objects from the temple to another suitable location. The Court added, “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.”

Furthermore, the Court empowered the DDA to proceed with the demolition of unauthorized constructions, while directing the petitioner society and its members not to obstruct the process. It emphasized that local authorities, including the police and administration, must provide full assistance to maintain law and order during the demolition process.

Cause Title: Pracheen Shiv Mandir Avam Akhada Samiti v. Delhi Development Authority & Ors., [2024:DHC:4423]

Appearance:

Petitioner: Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma, and Dipak Raj Singh

Respondents: Additional Standing Counsel Arjun Pant and Advocate Latika Malhotra, Additional Standing Counsel (Civil) Mehal Nakra along with Advocates Devansh Solanki and Aditi Kapoor.