29 May 2024 Environment Protection >> Environmental Law  

A Delhi temple faces a dramatic end after a legal battle to determine its fate. Caught between the sanctity of faith and the urgency of environmental protection, the court's decision will see the temple demolished, sparking debate on the importance of clear religious land ownership and public access. This case highlights the complex considerations when religious structures meet environmental concerns.

Factual Matrix:

The Prachin Shiv Mandir Avam Akhada Samiti, representing the temple society, is challenging the demolition order issued by the Delhi Development Authority (DDA). The DDA is tasked with rejuvenating the floodplains, which are crucial for flood control in Delhi. The National Green Tribunal (NGT) had earlier directed the removal of unauthorized structures from the floodplains, including religious constructions. The temple society argues that the temple holds historical significance and its demolition violates their right to practice religion under Article 25 of the Indian Constitution. They further claim they weren't given proper notice before the demolition order. The DDA, however, maintains that the temple lacks proper documentation of ownership or religious significance. They point to a committee constituted by the DDA itself, which recommended the removal of unauthorized religious structures. While public access is important, it alone doesn't guarantee a temple's public status. The burden of proof lies with the party claiming a private temple transitioned to public use over time.

Conclusion:

The court found the temple society failed to demonstrate the temple's public character. The land belonged to a private individual, and the society couldn't prove the origin or purpose of the temple's construction. The court dismissed the petition to prevent demolition. However, they granted the society a 15-day window to remove idols and religious objects. The DDA received the green light to proceed with the demolition after the deadline. The court emphasized the need to clear encroachments on the Yamuna River floodplains, where the temple stood. This case highlights the importance of proper documentation regarding a temple's origin and purpose to avoid such disputes.