Delhi High Court refuses to interfere with demolition of 55-yrs old Kali temple at Mayapuri Chowk
The single-judge bench noted that as per the minutes of the Religious Committee meeting, the Committe found the “temple structure unauthorized” and “situated on the main road” which “obstructs the free flow of traffic”.
The Delhi High Court has refused to interfere with the demolition of a 55-year-old “Kali temple” which was found to be "unauthorized" and obstructing the free flow of traffic at Mayapuri Chowk, Delhi.
The temple is scheduled to be demolished after May 20, 2023.
The bench of Justice Prathiba M. Singh permitted the removal of the idols and other religious objects from the temple by the priest and placing them in other temples, as directed by the Religious Committee in the matter, and said after May 20, the Public Works Department (PWD) is free to carry out the demolition activity.
The petitioner, Durga P. Mishra a priest and the caretaker of the temple, sought quashing of a notice dated April 25, 2023, issued by the PWD as well as the minutes of the meeting of the Religious Committee dated March 10, 2022, by which the decision had been taken to demolish the temple being “Kali Mata Mandir” at Mayapuri Chowk, Delhi.
The court noted that as per the minutes of the Religious Committee meeting, the Committee came to the conclusion that the “temple structure is unauthorized” and is “situated on the main road” and it is also “obstructing the free flow of traffic” and thus the committee directed the removal of the said unauthorized religious structure.
The single-judge bench also noted that as per the sketch and the photographs which were produced before the court on Wednesday, it was clear that the temple is on Government land, in fact, the footpath for pedestrians as also the road has been encroached on 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 smooth flow of traffic is bound to be impeded.
“In view of the fact that a decision has been taken by the Religious Committee after considering all the relevant factors and PWD is giving effect to the same, this Court is not inclined to interfere with the demolition of the temple structure in the present petition”, the court said.
Case Title: Durga P. Mishra v. Govt of NCT Delhi & Anr.