In a significant development, the Supreme Court on Friday declined to intervene in the demolition proceedings of the Pracheen Shiv Mandir located near the Yamuna floodplains in Geeta Colony.
A vacation bench comprising Justices Sanjay Kumar and Augustine George Masih upheld the decision of the Delhi High Court rendered on 29 May, which had rejected the plea to quash the demolition order.
The high court, presided over by Justice Dharmesh Sharma, had earlier granted the Prachin Shiv Mandir Avam Akhada Samiti a 15-day period to remove idols and other religious artifacts from the temple premises.
Additionally, the court instructed the petitioner society and its members not to obstruct or hinder the demolition process.
Highlighting the rationale behind its decision, the Delhi High Court emphasized the importance of clearing encroachments and unauthorized constructions from the Yamuna riverbed and its floodplain areas.
The court remarked, “There is no doubt that Lord Shiva would prefer clearing all encroachments and unauthorized construction from the Yamuna riverbed and the floodplains areas.”
The court further noted the petitioner society’s failure to substantiate any legal claim or historical significance of the temple site.
It pointed out the absence of documents supporting the society’s title, right, or interest in the land in question.
The management society asserted in its plea that no formal notice or order had been issued. Instead, they informed the devotees verbally about the demolition of their Pracheen Mandir.
The Supreme Court’s decision marks a pivotal moment in the ongoing legal battle over the demolition of religious structures on Delhi’s floodplains.
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