Removal of places of worship for expansion of road is not disrespect to it: Delhi High Court

The Delhi High Court on Thursday while dealing with the petition filed by caretakers & bearers of Sanatan Dharam Mandir / Prachin Shiv Mandir located at Jheel Ka Paio (ITO) challenging a letter dated October 31, 2022, issued by Delhi Government’s Executive Engineer allowed the demolition of some portions of Mandir & Masjid (adjacent to each other) for expanding of road.

While passing the order, the bench of Justice Pratibha M. Singh referred to the decision of the Gujarat High Court in Gulam Kadar Ahmadbhai Menon v. Surat Municipal Corporation (1998) wherein the need to maintain a balance between the larger public interest and the interest of the devotees was deliberated upon. 

The single judge bench opined that in the above decision it was held that if such places of worship are taken away for the purposes of carrying out the expansion of the road, it would not mean in any manner that a religious structure is being disrespected.

Court, therefore, held that in the present case as well the PWD had to be permitted to make the pedestrian pathway uniform as this would avoid much inconvenience to pedestrians on the busy stretch of road which also has access to a Metro station.

The petition was filed against a letter that stated that encroachments and unauthorized occupation had to be removed from the PWD land, including the mandir. The petitioners argued that the temple had not done any unauthorized encroachment and its removal would cause inconvenience to the devotees.

The counsel for Delhi Government placed on record various photographs to show that the pedestrian pathway was being obstructed by both the mandir and masjid. It was submitted that both places of worship were abutting the pathway.\

While relying on the Gulam Kadar judgment of the Gujarat High Court, the single judge bench directed that the PWD department through the concerned Executive Engineer would confer with caretakers of Mandir & Masjid and arrive at a consensus about the time and date on which the demolition would take place.

Court also directed that the Mandir and Masjid or their occupants shall not be treated as unauthorized occupants and no damages would be liable to be levied against them.

Moreover, the court directed the PWD to ensure that one toilet facility each for Mandir and the Masjid be provided with a proper hand washing area if required.

“The Delhi Police shall provide all cooperation and necessary assistance to ensure that the above directions are implemented without any disturbance or law and order situation", Court said.

Cause Title: Devendra Kumar & Ors. vs. State (NCT of Delhi) & Ors.