55 years old Kali temple to be demolished, High Court refused to interfere, said- PWD free to remove encroachment after May 20
The Delhi High Court said in its order that considering the nature of the religious structure, the petitioner is permitted to remove the idols and other religious objects from the temple within a week.
The Delhi High Court has refused to interfere in the demolition of the 55-year-old Kali temple. This temple has been found “unauthorised”. Not only this, due to this temple the traffic at Mayapuri Chowk was also obstructed. Justice Pratibha M Singh of the Delhi High Court in the matter allowed the priest to remove idols and other religious items from the temple and place them in other temples as per the directions of the religious committee.
During this, Justice Pratibha M Singh said that after May 20, the PWD department is free for demolition activity. This order of the court has come on the petition of Durga P Mishra, the priest and caretaker of the temple. They sought quashing of the April 25 notice issued by the PWD as well as the decision of the religious committee to demolish the “Kali Mata Mandir”.
The court, in its order, noted that as per the minutes of the meeting of the religious committee, the committee has come to the conclusion that the temple structure of the temple is unauthorized and situated on the main road. It is also obstructing the free flow of traffic and that is why the religious committee directed its removal. The Court also noted that keeping in view the fact that the decision has been taken by the religious committee after considering all the relevant factors and the PWD is implementing the same. The Court is not inclined to interfere with the demolition of the temple structure in the present petition.
The petitioners admitted in court that the temple was built on government land but said it did not affect the flow of traffic in the area. It was told from their side that there is a traffic problem in the area due to vehicles parked in the shopping area behind the temple.
Taking note of the sketches and photographs produced in connection with the matter, the court said it was “clear” that the temple is on “government land” and that the footpath and road for pedestrians have also been encroached upon, which is permitted Not there. The court further said in its order that since the temple is situated at the corner of two roads, the smooth flow of traffic is bound to come to a halt.
Asking the local police to fully cooperate with the temple removal process to maintain law and order, the court ordered, “After May 20, 2023, the PWD is free to carry out demolition and removal of unauthorized constructions. In this no obstruction should be created by the petitioner or on behalf of the petitioner.
The Delhi High Court said in its order that considering the nature of the religious structure, the petitioner is permitted to remove the idols and other religious articles from the temple within a week’s time so that they can be placed in other temples as directed by the religious committee.