New Delhi: The Supreme Court on Friday refused to stay the demolition to be carried out by the Delhi Development Authority (DDA) of the Pracheen Shiv Mandir situated near Geeta Colony and on the Yamuna flood plains in East Delhi.
A vacation Bench comprising Justice Sanjay Kumar and Justice Augustine George Masih while refusing to grant a stay on the demolition to be carried out by the DDA said that the structure was located on the Yamuna flood plains which have been developed by the DDA pursuant to NGT directions.
The Delhi High Court had earlier rejected the plea of the temple against the DDA’s action to demolish the old temple structure.
Justice Dharmesh Sharma of the Delhi High Court had refused to grant interim relief to the Pracheen Shiv Mandir avam Akhada Samiti against DDA’s action of demolition.
The High court said that the temple authorities have failed to prove their legal rights over the property and their right to continue to occupy and run the temple.
Justice Dharmesh said, “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 High Court Judge said.
The Court gave the petitioner society 15 days time to remove the idols and other religious objects in the temple and to place the same in some other temple.
It also granted liberty to the DDA to carry out demolition of the unauthorised construction.
The petitioner approached the Division Bench of the Delhi High Court against the the Single Judge order.
However, the Division bench did not grant any stay against the demolition, thereby making the plea infructuous as 15 days time to file an appeal lapsed on June 12.
The petitioner then filed a Special Leave Petition in the Supreme Court seeking an interim relief.
The Vacation Bench of the Supreme Court after lengthy arguments dismissed the plea saying that the petitioner has no proof that the temple is from ancient times.
The Court said, “Ancient temples were built with rock and not with cement and not painted...these are all recent temples," and dismissed the petitioner’s plea to stay the demolition of the temple.