New Delhi: Lord Shiva does not need anyone’s protection, the Delhi High Court observed on Wednesday while refusing to make the deity a party to a petition relating to removal of a temple constructed in an un authorized way on the Yamuna river bed. The high court said Lord Shiva would be happier if the Yamuna river bed and flood plains are cleared of all encroachments and un authorized construction.
Justice Dharmesh Sharma observed that it is “we, the people” who seek Lord Shiva’s protection and blessings and that Lord Shiva would be happier if Yamuna riverbed and floodplain is cleared of encroachments and illegal constructions.
“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.
Justice Sharma further observed that the mere fact that the prayers are offered at the temple every day and for that matter there are special events on certain festive occasions does not convert the temple in question to a place of public significance.
The Court made the remarks while dismissing a plea filed by Pracheen Shiv Mandir Avam Akhada Samiti challenging the demolition order passed by the Delhi Development Authority (DDA) for the removal of the Pracheen Shiva Mandir (Ancient Shiva Temple) located near Taj Enclave in Geeta Colony.
After considering the case, the Court said there was no document to show that the temple was dedicated to the public and not a private temple managed by the petitioner society. It granted the society 15 days to remove the idols and other religious objects in the temple and shift them to some other shrine. If they fail to do so, the Delhi Development Authority is directed to ensure that the idols are placed in some other temple, the court said.
It further said that the DDA shall be at liberty to demolish the unauthorised construction, and the petitioner society and its members shall not cause any impediment or obstacles in the demolition process. “The local police and the administration shall render full assistance in the said process in order to maintain law and order,” the Court added.
Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma and Dipak Raj Singh appeared for the petitioner. DDA was represented through its Additional Standing Counsel Arjun Pant and advocate Latika Malhotra.