New Delhi – The Delhi High Court has declined to intervene in an order mandating the demolition of the Pracheen Shiv Mandir, an unauthorized structure near Geeta Colony close to the Yamuna flood plains.
The court emphasized that Lord Shiva does not require human protection and suggested that the deity would prefer the Yamuna riverbed and flood plains be cleared of encroachments and unauthorized constructions.
Justice Dharmesh Sharma noted, “The half-hearted plea by the counsel for the petitioner that Lord Shiva, being the deity of the temple, must also be impleaded in the present matter is a desperate attempt to subserve 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.”
The petitioner argued that the temple serves as a spiritual hub, attracting 300 to 400 devotees regularly. However, the court pointed out that the petitioner society, registered in 2018, failed to demonstrate any legal rights over the land or prove any historical significance of the temple.
“The mere fact that prayers are offered at the temple daily and special events are held on festive occasions does not confer public significance on the temple,” the court stated.
The court granted the petitioner 15 days to remove the idols and religious objects from the temple, directing the Delhi Development Authority (DDA) to ensure the idols are relocated to another shrine if the petitioner fails to comply. The DDA has been authorized to proceed with the demolition and will receive full assistance from the local police and administration to maintain law and order.
This decision aligns with the Master Plan Delhi 2021, which includes measures for the rejuvenation of the Yamuna, such as removing encroachments and unauthorized constructions to restore the ecological balance of the river.
